6 CSR — Department of Higher Education and Workforce Development

Division 10 Commissioner of Higher Education

Chapter 1 Departmental Organization

6 CSR 10-1.010 Departmental Organization {#sec-6-csr-10-1.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-1.010}

PURPOSE: As required by section 536.023.3, RSMo, this rule describes the organization and operation of the Department of Higher Education and Workforce Development, which was created pursuant to Article IV, sections 12 and 52, Missouri Constitution, and section 173.005, RSMo.

(1) The Coordinating Board for Higher Education (CBHE).

(A) The CBHE is the head of the Department of Higher Education and Workforce Development and constitutes the policymaking body for the department. The CBHE appoints the commissioner of higher education, who shall be the chief administrative officer of the department.

(B) The responsibilities of the CBHE include the following:

1. Establishing the policies of the Department of Higher Education and Workforce Development;

2. Developing a coordinated plan for higher education in this state;

3. Administering state financial assistance programs for students attending institutions of higher education in this state;

4. Approving new programs to be offered in state institutions of higher education;

5. Establishing guidelines for the appropriation requests of public institutions of higher education, including approved off-campus and out-of-district instruction;

6. Approving new state-supported postsecondary institutions;

7. Establishing statewide guidelines relating to admission and transfer of students;

8. Establishing statewide policy relating to residency of students;

9. Collecting data on all institutions of higher education in this state, which data is to be used to delineate areas of competence for each institution or for other purposes deemed appropriate by the CBHE;

10. Administering state statutes with respect to public community colleges;

11. Administering state statutes providing for CBHE jurisdiction over both in-state and out-of-state postsecondary institutions operating in Missouri;

12. Contracting with Missouri independent colleges and universities or publicly supported higher education institutions or coordinating agencies to provide research services;

13. Coordinating reciprocal agreements between and among Missouri state institutions of higher education and between and among Missouri state institutions of higher education and publicly supported higher education institutions located outside the state;

14. Placing on probation or terminating programs at any college or university that fails to meet certain standards;

15. Requiring all public two- (2-) year and four- (4-) year higher education institutions to replicate best practices in remediation;

16. Conducting studies of population and enrollment trends affecting institutions of higher education in the state;

17. Identifying higher education needs in the state;

18. Developing arrangements for more effective and more economical specialization among institutions;

19. Entering into agreements for interstate reciprocity regarding the delivery of postsecondary distance education;

20. Conducting a review every five (5) years of the mission statements of Missouri public institutions of higher education; and 21. Reviewing applications from institutions seeking a statewide mission.

(2) The Missouri State Anatomical Board as referenced in sections 194.180 to 194.210, RSMo, which is under the supervision of the commissioner of higher education, maintains exclusive charge and control of the disposition and delivery of cadavers to and among qualified educational institutions in this state.

(3) The public may request access to public records, in custody of the Department of Higher Education and Workforce Development, by submitting requests in writing to the Commissioner of Higher Education, PO Box 1469, Jefferson City, MO 65102. The commissioner will route the request to the appropriate departmental custodian of records.

(4) For information concerning the coordination of higher education, the certification or exemption of postsecondary schools, or the administration of student financial aid, the public may write to the department at PO Box 1469, Jefferson City, MO 65102 or call (800) 473-6757. For information concerning the Missouri State Anatomical Board, the public may write to the Department of Pathology and Anatomical Sciences at the University of Missouri Medical Sciences Building, One Hospital Drive, Columbia, MO 65212.

Op. Atty. Gen. No. 43, Bradshaw, 1-17-79. Section 6.2 of the Omnibus State Reorganization Act prohibits any member of the Coordinating Board for Higher Education from being “engaged professionally as an educator or educational administrator, at the time appointed or during his term.’’ Since the trustee of a private college in Missouri is an “educational administrator” in light of the purposes of the Act, he cannot serve simultaneously as a trustee of the private college and as a member of the Coordinating Board.

History

• AUTHORITY: section 536.023.3, RSMo 2016. Original rule filed March 25, 1977, effective Sept. 11, 1977. Amended: Filed Sept. 12, 1984, effective Jan. 12, 1985. Amended: Filed Sept. 2, 1988, effective Dec. 1, 1988. Amended: Filed April 4, 2024, effective Oct. 30, 2024. Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004.

Chapter 2 Student Financial Assistance Programs

6 CSR 10-2.010 Institutional Eligibility For Student Participation {#sec-6-csr-10-2.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.010}

6 CSR 10-2.020 Student Eligibility and Application Procedures {#sec-6-csr-10-2.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.020}

(Rescinded June 30, 2009) ..3

6 CSR 10-2.040 Eligibility and Responsibilities of Educational Institutions to Participate in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.040}

6 CSR 10-2.041 Limitation, Suspension and Termination of Educational Institution Eligibility in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.041 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.041}

6 CSR 10-2.050 Eligibility and Responsibilities of Lenders to Participate in the Missouri {#sec-6-csr-10-2.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.050}

6 CSR 10-2.051 Limitation, Suspension and Termination of Lender Participation in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.051 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.051}

(Rescinded January 13, 1984) ..4

6 CSR 10-2.060 Loan Origination and Servicing in Missouri Guaranteed Student {#sec-6-csr-10-2.060 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.060}

6 CSR 10-2.070 Missouri Prospective Teacher Loan Program {#sec-6-csr-10-2.070 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.070}

6 CSR 10-2.110 Wage Garnishment for Repayment of Defaulted {#sec-6-csr-10-2.110 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.110}

6 CSR 10-2.130 Vietnam Veteran’s Survivors Grant Program 6 CSR 10-2.140 6 CSR 10-2.150 6 CSR 10-2.160 6 CSR 10-2.170 6 CSR 10-2.180 6 CSR 10-2.190 6 CSR 10-2.195 6 CSR 6 CSR 10-2.210 WORKFORCE DEVELOPMENT {#sec-6-csr-10-2.130 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.130}

6 CSR 10-2.010 Institutional Eligibility for Student Participation {#sec-6-csr-10-2.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.010}

(Rescinded June 30, 2009)

History

• AUTHORITY: section 173.210, RSMo 1994. Original rule filed June 9, 1978, effective Dec. 16, 1978. Amended: Filed Dec. 15, 1988, effective April 1, 1989. Rescinded: Filed Dec. 15, 2008, effective June 30, 2009.

6 CSR 10-2.020 Student Eligibility and Application Procedures {#sec-6-csr-10-2.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.020}

(Rescinded June 30, 2009)

Filed Sept. 13, 1979, effective March 13, 1980. Amended: Filed Dec. 16, 1988, effective April 1, 1989. Amended: Filed Jan. 10, 1990, effective April 16, 1990. Amended: Filed Jan. 12, 2007, effective July 30, 2007. Rescinded: Filed Dec. 15, 2008, effective June 30, 2009.

Missourians for Separation of Church and State v. Robertson, 592 SW2d 825 (Mo. App. 1979). A taxpayer may sue in his/her county of residence on a declaratory judgment action to have an administrative rule declared invalid on first amendment grounds.

History

• AUTHORITY: section 173.210, RSMo 2000. Original rule filed Aug. 7, 1978, effective March 17, 1979. Emergency amendment filed Sept. 13, 1979, effective Sept. 23, 1979, expired Jan. 11, 1980. Amended:

6 CSR 10-2.030 Eligibility to Participate in the Missouri Student Loan Program {#sec-6-csr-10-2.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.030}

PURPOSE: This rule is contained in the Common Manual, Unified Student Loan Policy, which is produced collectively by the Missouri Student Loan Program and all other guaranty agencies that administer the guaranteed student loan program.

It establishes the policies for implementation and operation of the loan program for borrowers, schools, lenders, and third-party servicers.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the

rule is printed here. This note refers only to the incorporated by reference material.

(1) The Common Manual, Unified Student Loan Policy establishes the guidelines and specifies the federal policies by which the Missouri Student Loan Program administers the guaranteed student loan program, including Stafford Loans, Parent Loans for Undergraduate Students (PLUS), Consolidated Loans, and Supplemental Loans for Students (SLS). These national policies standardize administrative processes and enhance default prevention procedures.

(2) The manual includes policies to be followed by schools, lenders and third-party servicers that participate in the guaranteed student loan program.

(A) The manual contains general program information relevant to student loan borrowers, such as available loan types, eligibility criteria, borrowing limits, repayment options, interest rates, disbursement methods, and default activities.

(B) For schools, the manual outlines all applicable federal policies, including topics such as institutional eligibility criteria, recordkeeping and verification requirements, compliance reviews, entrance and exit counseling requirements, loan certification, disbursement and delivery methods, cohort default rates, and limitation, suspension and termination.

(C) For lenders, the manual also outlines all applicable federal policies, including topics such as eligibility criteria, audits, disbursement and delivery methods, loan servicing, due diligence requirements, claim filing, compliance reviews, and limitation, suspension, and termination.

(D) The manual also contains applicable policies that thirdparty servicers must adhere to in administering the guaranteed student loan program on behalf of schools and lenders.

(3) The manual includes the standard forms necessary to the administration of the guaranteed student loan program.

(4) This rule incorporates by reference the full text of the material titled Common Manual, Unified Student Loan Policy in order to ensure consistent administrative processes for all guaranteed student loan programs and enhance default prevention procedures.

Amended: Filed Dec. 13, 1991, effective April 9, 1992. Rescinded and readopted: Filed Nov. 26, 1996, effective June 30, 1997.

Amended: Filed Oct. 27, 2000, effective April 30, 2001. Amended:

Filed Nov. 1, 2001, effective April 30, 2002. *Original authority: 173.095, RSMo 1967, amended 1978; 173.100, RSMo 1967, amended 1978, 1981, 1988, 1994; 173.105, RSMo 1978, amended 1981, 1993, 1994; 173.110, RSMo 1967, amended 1978, 1981, 1994; 173.115, RSMo 1988; 173.120, RSMo 1967, amended 1978, 1982; 173.130, RSMo 1967, amended 1978; 173.141, RSMo 1981; 173.150, RSMo 1967, amended 1978, 1994; 173.160, RSMo 1967, amended 1978, 1981, 1994; 173.170, RSMo 1967, amended 1978, 1981, 1994; 173.180, RSMo 1967, amended 1978; and 173.186, RSMo 1986.

History

• AUTHORITY: sections 173.095, 173.100, 173.105, 173.110, 173.115 and 173.120–173.186, RSMo 2000. Original rule filed June 8, 1979, effective Nov. 11, 1979. Rescinded and readopted: Filed Oct. 11, 1983, effective Jan. 13, 1984. Amended: Filed Oct. 1, 1985, effective Jan. 12, 1986. Amended: Filed July 1, 1988, effective Oct. 1, 1988.

6 CSR 10-2.040 Eligibility and Responsibilities of Educational Institutions to Participate in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.040}

6 CSR 10-2.041 Limitation, Suspension and Termination of Educational Institution Eligibility in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.041 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.041}

6 CSR 10-2.050 Eligibility and Responsibilities of Lenders to Participate in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.050}

6 CSR 10-2.051 Limitation, Suspension and Termination of Lender Participation in the Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.051 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.051}

6 CSR 10-2.060 Loan Origination and Servicing in Missouri Guaranteed Student Loan Program {#sec-6-csr-10-2.060 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.060}

6 CSR 10-2.070 Missouri Prospective Teacher Loan Program {#sec-6-csr-10-2.070 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.070}

(Rescinded December 30, 2018)

History

• AUTHORITY: sections 168.550–168.595, RSMo 1995. Original rule filed Jan. 11, 1986, effective June 12, 1986. Rescinded: Filed June 19, 2018, effective Dec. 30, 2018.

6 CSR 10-2.080 Higher Education Academic Scholarship Program {#sec-6-csr-10-2.080 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.080}

PURPOSE: The Higher Education Academic Scholarship Program permits the Coordinating Board for Higher Education to provide academic scholarships for eligible Missouri residents to attend an approved Missouri college or university of their choice pursuant to the provisions included in section 173.250, RSMo. This rule sets forth qualifications required of student applicants for the scholarships, criteria to be used in selecting scholarship recipients, and qualifications which approved colleges or universities must meet.

(1) Definitions.

(A) Academic year or the period of the scholarship is the period from July 1 of any year through June 30 of the following (B) ACT means the American College Testing Program.

(C) Applicant is anyone who applies to the Missouri Department of Higher Education and Workforce Development (MDHEWD) for a scholarship under the academic scholarship program and who qualifies under

section 173.1104, RSMo, excluding undergraduate status.

(D) Approved institution means any institution located in in subdivision 173.1102.1(2) or (3), RSMo, and that has been approved under 6 CSR 10-2.140.

(E) Approved student deferment period or deferment is a period of time up to the maximum time allowed in section 173.250, RSMo, during which an eligible initial or renewal recipient may cease enrollment without losing scholarship eligibility. The deferment shall begin on July 1 of the academic year for which the student’s deferment was approved or July 1 following the most recent academic year that the student received scholarship assistance.

(F) Certificate of high school equivalence shall be a certificate that is awarded to an applicant who has successfully completed and passed the General Educational Development (GED) examination as established by the Commission on Educational Credit and Credentials of the American Council on Education (ACE).

(G) Completed secondary coursework or completion of secondary coursework shall be graduation from high school or the virtual public school established in section 161.670, RSMo, receipt of a GED diploma, completion of a program of study through homeschooling, or any other program of academic instruction that satisfies the compulsory attendance requirement under section 167.031, RSMo.

(H) Consortium agreement means a written agreement at the home school that complies with the United States (I) Continually enrolled shall be enrollment as a full-time student who receives scholarship assistance at an approved institution for at least one (1) semester, trimester, or quarter, not including summer terms, in the academic year for which the scholarship award was offered.

(J) CBHE means the Coordinating Board for Higher Education created by section 173.005, RSMo.

(K) Expenses shall be any education-related expenses including but not limited to tuition, fees, and room and board.

(L) Full-time student shall be defined by the approved institution as a postsecondary student who is enrolled in and is carrying a sufficient number of credit hours or its equivalent (minimum twelve (12) credit hours) at the approved private or public Missouri institution to secure the degree or certificate toward which the student is working in accordance with paragraph (2)(A)5. of this rule. Provided, however, that an otherwise eligible student having a disability as defined by Title II of the Americans with Disabilities Act (42 U.S.C. 12101- 12213) who, because of the student’s disability, is unable to satisfy the statutory minimum requirements for full-time status under Title IV student aid programs shall be considered by the approved institution to be a full-time student and shall be considered to be making satisfactory academic progress, as defined in subsection (1)(W) of this rule, while carrying a minimum of six (6) credit hours or their equivalent at the approved institution.

(M) Higher Education Academic Scholarship Program or academic scholarship program shall mean the academic scholarship program provisions created by section 173.250, (N) Initial recipient shall be any applicant who meets the eligibility requirements and is awarded an academic scholarship under the academic scholarship program in the academic year immediately following completion of secondary coursework.

(O) Medical need shall be a verified illness, disability, pregnancy, or other medical condition that prevents an eligible applicant from enrolling as a renewal recipient or which requires a recipient to cease all attendance at an approved institution in the academic year for which the scholarship award was originally offered.

(P) MDHEWD shall be the Missouri Department of Higher 173.005, RSMo.

(Q) Missouri test takers shall be all Missouri high school students taking the ACT examination or the SAT during the student’s senior year in high school.

(R) Nonprofit organization shall be any organization which is organized under the laws of its home state as a notfor-profit corporation or organization, such as a charitable, scientific, or literary organization.

(S) Qualifying score shall be a composite score on the ACT examination or the SAT achieved in an eligible student’s high school sophomore, junior, or senior year that is in the top five percent (5%) of Missouri test takers, as established at the beginning of an eligible student’s final year of secondary coursework.

(T) Renewal recipient shall be any applicant who received an academic scholarship as an initial recipient under the academic scholarship program and meets the eligibility requirements under the provisions of this rule and requirements as defined by the approved institution and is awarded a renewable academic scholarship under the academic scholarship program.

(U) Resident of Missouri is any person who meets the requirements for resident status for Missouri set forth by the CBHE in 6 CSR 10-3.010.

(V) SAT means the Scholastic Aptitude Test of the College Board.

(W) Satisfactory academic progress shall be a cumulative determined by the approved institution’s policies as applied to other students at the approved institution receiving assistance under Title IV financial aid programs included in the Higher Education Act of 1965. The calculation of CGPA shall be based on the approved institution’s policies as applied to other students in similar circumstances.

(X) Scholarship assistance or award shall be an amount of money paid by Missouri to a qualified applicant pursuant to the provisions of this rule.

(Y) Service-related expenses shall be any allowable expenses related to room, board, travel, and personal costs of the applicant necessary to satisfactorily provide and complete a service to a nonprofit organization, or a state or federal government agency.

(Z) Student exchange program shall be any recognized international or national secondary-level exchange program recognized by the student’s high school that is available to qualified students to continue their educational studies.

(AA) Sufficient documentation shall be documents including but not limited to letters of participation, application materials, copies of orders or release papers, or a statement of medical need provided by the student exchange program, the nonprofit organization, a state or federal government agency, any branch of the armed forces, or a practicing medical physician that verifies a student’s status to the satisfaction of the MDHEWD.

(2) Basic Eligibility Policy.

(A) To be eligible for initial or renewed scholarship assistance under the academic scholarship program, an applicant must meet the following conditions:

1. Be a citizen or permanent resident of the United States;

2. Be a resident of Missouri;

3. Be enrolled or accepted for enrollment as a full-time postsecondary student at an approved institution for the period of the scholarship and be in compliance with section 173.1104, RSMo, excluding the requirement of undergraduate status;

4. Not be enrolled or intend to use the award to enroll in a course of study leading to a degree in theology or divinity; and 5. Be allotted scholarship assistance for one (1) academic year, but an applicant shall be eligible for renewed assistance until the applicant has obtained a baccalaureate degree, provided the scholarship assistance shall not exceed a total of ten (10) semesters or fifteen (15) quarters or their equivalents.

(B) To be eligible for initial scholarship assistance, an applicant must also— 1. Have completed secondary coursework and have achieved a qualifying score;

2. Be offered and receive a scholarship award as a firsttime, full-time, first-year postsecondary student the academic year immediately following completion of secondary coursework; and 3. Complete and submit all requested eligibility information to the MDHEWD according to the provisions of this rule.

(C) To be eligible for renewed scholarship assistance, an applicant must also— 1. Be continually enrolled in an approved institution fulltime, excluding periods of enrollment during summer terms, as a second-, third-, fourth- or fifth-year student, or other student meeting the eligibility requirements of this rule;

2. Have continually received an academic scholarship subject to the availability of state-appropriated funds; and 3. Maintain satisfactory academic progress in the applicant’s course of study.

(D) To be approved for a deferment, initial and renewal recipients who cease all enrollment due to participation in a student exchange program, provision of a service to a nonprofit organization, a state or federal government agency, or service on active duty in any branch of the armed forces of the United States, or because of medical need must meet the eligibility requirements for scholarship assistance in accordance with the provisions of this rule, with the exception of continuous enrollment. Prior to the student’s change in status, the student must— 1. Contact the CBHE in writing to request a student deferment of eligibility; and 2. Complete and submit the deferment of eligibility form that is provided by the MDHEWD, along with sufficient documentation indicating the renewal recipient ceased all attendance or the initial recipient was unable to enroll and receive scholarship assistance at an approved institution in the academic year for which the scholarship was originally offered.

(E) To satisfactorily complete the approved student deferment period, applicants and recipients must meet the following requirements in the academic year immediately following the student deferment period:

1. Notify the MDHEWD by submitting sufficient documentation verifying the approved student deferment period was satisfactorily completed within the maximum time frame allowed in section 173.250, RSMo;

2. Complete and submit all requested eligibility information to the MDHEWD according to the provisions of this rule;

3. Have met all other requirements established for eligibility to receive an initial or renewal scholarship;

4. Enroll as a full-time student at an approved institution within the time frames referenced in section 173.250, RSMo; and 5. Submit sufficient documentation verifying to the MDHEWD that the student was not compensated for other than service-related expenses for a service that was provided to a nonprofit organization.

(3) Responsibilities of Approved Institutions. Institutions participating in the Higher Education Academic Scholarship Program must meet the requirements set forth in 6 CSR 10- 2.140, Institutional Eligibility for Student Participation.

(4) Application and Evaluation Policy.

(A) The MDHEWD shall prescribe the form of and the time and method of filing applications under the academic scholarship (B) An application for scholarship assistance under the academic scholarship program shall be made in the form and method prescribed by the MDHEWD.

(C) The MDHEWD will determine if an applicant has achieved a qualifying score and is eligible for an award as an initial recipient by evaluating the official ACT or SAT test scores from national test dates, approved special test dates, or census test dates in comparison to the Missouri high school senior score report provided by ACT or the College Board. Verification of the initial recipient’s test scores from national, special, or census test dates must be provided by ACT or the College Board, or by an official at the high school from which the initial recipient graduated or a financial aid officer at the approved institution in which the initial recipient is enrolled or plans to enroll based on documentation from ACT or the College Board.

Failure to provide official test score verification will result in the application being incomplete.

(D) If an eligible applicant has been offered or has received a scholarship award under the provisions of this rule and if the applicant’s qualifying composite test score has officially been cancelled and is determined to be invalid by ACT or the College Board then the applicant will be declared ineligible for further award by the MDHEWD for the scholarship program.

(E) All applicants and renewal students will be evaluated by the MDHEWD according to the eligibility criteria under the provisions of this rule, the information submitted by the approved institution, and on any other information received by and deemed reliable by the MDHEWD.

(F) The deadline for having completed eligibility information on file will be published annually by the MDHEWD for each academic year. Completed eligibility information must be on file with the MDHEWD on or before the published deadline to be considered on time and for the applicant to have priority consideration. Incomplete records received by the MDHEWD will not be processed.

(G) Eligibility information completed after the annual deadline published by the MDHEWD will be awarded provided program funds are available, based on a review by the MDHEWD.

(5) Award Policy.

(A) The maximum academic scholarship program award amount for each applicant per academic year shall be the amount(s) referenced in section 173.250, RSMo.

(B) Awards at approved institutions utilizing trimester academic programs shall be evenly distributed over the three (3) terms.

(C) Financial need shall not be used by the MDHEWD in determining eligibility for awards under the academic scholarship program for an applicant.

(D) If program funds are insufficient to award to all recipients in the top three percent (3%), the award amounts will be reduced equally for those recipients until all funds have been expended. All students in the top three percent (3%) of all Missouri test-takers shall receive the maximum academic scholarship program award amount referenced in

section 173.250, RSMo, before any student in the top fourth and fifth percentiles receives any award.

(E) If program funds are insufficient to award to all recipients in the top fourth and fifth percentiles, the award amounts will be reduced equally for those recipients until all funds have been expended.

(F) A student who has been denied an academic scholarship award for lack of satisfactory academic progress may not receive another academic scholarship award until the enrollment period after the applicable standard has once again been met.

(G) The award amount for any given academic year will be disbursed to the approved institution equally according to the number of semesters at the approved institution and awarded for each semester of enrollment.

(H) Awards will not be made for periods of enrollment during summer terms.

(I) Awards will be issued only after certification of full-time attendance of the student by the institution. For a student enrolled as part of a consortium agreement, the student must be considered to be enrolled full-time at the home institution to be certified.

(J) An applicant may change the approved institution choice by the established deadline and may transfer between approved institutions during the academic year. Failure to notify the MDHEWD of such action may result in loss of the award.

(K) Award notifications will be sent to initial applicants and renewal students by the MDHEWD once the awards have been determined. Notification of initial and renewal awards also will be sent to the student financial aid office at the approved institution where the applicant plans to enroll or has enrolled.

(L) The applicant’s award will be sent to the approved (6) Information Sharing Policy. All information on an individual’s academic scholarship program application will be shared with the financial aid office of the institution to which the individual has applied or is attending to permit verification of data submitted. Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552, 552a.

Amended: Filed Sept. 29, 1994, effective March 30, 1995. Amended:

Filed Jan. 12, 2007, effective July 30, 2007. Amended: Filed Dec. 15, 2008, effective June 30, 2009. Amended: Filed Dec. 10, 2010, effective June 30, 2011. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. Rescinded: Filed Sept. 23, 2022, effective March 30, 2023.

Readopted: Filed May 12, 2023, effective Nov. 30, 2023. *Original authority: 173.250, RSMo 1986, amended 1988, 1990, 1991, 2007, 2010.

History

• AUTHORITY: section 173.250, RSMo 2016. Original rule filed Nov. 14, 1986, effective Feb. 28, 1987. Amended: Filed Feb. 3, 1988, effective April 28, 1988. Amended: Filed Dec. 5, 1988, effective March 1, 1989. Amended: Filed Aug. 15, 1989, effective Nov. 15, 1989. Amended: Filed Oct. 14, 1992, effective May 6, 1993.

6 CSR 10-2.090 Guarantors of Student Loans to Missourians {#sec-6-csr-10-2.090 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.090}

(Rescinded March 30, 2023)

History

• AUTHORITY: section 173.186, RSMo 1994. Original rule filed Oct. 15, 1986, effective March 12, 1987. Rescinded: Filed Sept. 30, 2022, effective March 30, 2023.

6 CSR 10-2.100 Public Safety Officer or Employee’s Child Survivor Grant Program {#sec-6-csr-10-2.100 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.100}

PURPOSE: The public safety officer or employee’s child survivor grant program, established by section 173.260, RSMo, authorizes the Coordinating Board for Higher Education to provide educational benefits for eligible Missouri residents who are public safety officers who are permanently and totally disabled in the line of duty or eligible children or spouses of certain public safety officers and certain public employees killed or permanently and totally disabled in the line of duty to attend an approved Missouri college or university. This rule sets forth qualifications required of student applicants for grant assistance.

(1) Definitions.

(A) Academic year or the period of the grant is the period from July 1 of any year through June 30 of the following year.

(B) Applicant shall mean an eligible child, spouse, or public safety officer, as defined in this rule, who has filed a complete and accurate application to receive a survivor grant as prescribed by the CBHE and who qualifies to receive such an award under section 173.260, RSMo.

(C) CBHE is the Coordinating Board for Higher Education (D) Eligible child is the natural, adopted, or stepchild of a public safety officer or employee who is less than twenty-four (24) years of age and who is a dependent of a public safety officer or employee or was a dependent at the time of death or permanent and total disability of a public safety officer or employee.

(E) Employee shall be any full-time employee of the Department of Transportation engaged in the construction or maintenance of the state’s highways, roads, and bridges who is killed or permanently and totally disabled in the line of duty.

(F) Full-time student means a student who is enrolled in at least twelve (12) semester hours, eight (8) quarter hours, or the equivalent in another measurement system, but not less than the number sufficient to secure the certificate or degree toward which the student is working in no more than the number of semesters or their equivalent normally required by the institution for the program in which the student is enrolled, provided, however, that an otherwise eligible student having a disability as defined by the Americans with Disabilities Act (42 U.S.C. 12101-12213) who, because of the student’s disability, is unable to satisfy the statutory minimum requirements for full-time status under Title IV student aid programs shall be considered by the approved institution to be a full-time student and shall be considered to be making satisfactory academic degree progress, as defined in subsection (1)(M) of this rule, while carrying a minimum of six (6) credit hours or (G) Grant assistance or award shall be an amount of money paid to a qualified applicant pursuant to the provisions of this (H) Institution of postsecondary education or approved institution shall be any private or public institution located in Missouri that meets the requirements set forth in subdivision 173.1102.1(2) or (3), RSMo.

(I) Line of duty shall mean any action of an employee directly connected to their employment with the Department of Transportation, or of a public safety officer who is authorized or obligated by law, rule, regulation, or condition of employment or service to perform such function.

(J) MDHE means the Missouri Department of Higher Education (K) Permanent and total disability shall mean a disability which renders a person unable to engage in any gainful work.

(L) Public safety officer shall be any firefighter, uniformed employee of the office of the state fire marshal, police officer, capitol police officer, parole officer, probation officer, state correctional employee, water safety officer, park ranger, conservation officer, or highway patrolman employed by the state of Missouri or a political subdivision thereof, including an individual serving in any such capacity as a certified volunteer, who is killed or permanently and totally disabled in the line of duty, or any emergency medical technician, air ambulance pilot, air ambulance registered professional nurse, air ambulance registered respiratory therapist, or flight crew member, as these terms are defined in subsection 173.260.1, RSMo, who is killed or permanently and totally disabled in the line of duty.

(M) Satisfactory academic progress shall be determined by the approved institution’s policies as applied to other students at the approved institution receiving assistance under Title IV financial aid programs included in the Higher Education Act of 1965.

(N) Similar program funds shall be need-based funds an applicant receives under any federal or state grant aid programs.

(O) Spouse shall mean the husband, wife, widow, or widower of a public safety officer or employee at the time of death or permanent and total disability of such public safety officer or employee.

(P) Survivor grant or grant shall mean the public safety officer or employee survivor grant as established by section 173.260, RSMo.

(Q) Tuition or incidental fee shall be the amount charged for nondesignated and unrestricted fees by an institution of postsecondary education for an applicant to attend full-time at that institution as a resident of the state of Missouri.

(2) Responsibilities of Institutions of Postsecondary Education.

Institutions participating in the Public Safety Officer or Employee’s Child Survivor Grant program must meet the requirements set forth in 6 CSR 10-2.140, Institutional Eligibility for Student Participation.

(3) Eligibility Policy.

(A) To be eligible for grant assistance under the survivor grant program, an applicant must meet the following conditions:

1. Be a citizen or permanent resident of the United States;

2. Be a resident of Missouri;

3. Be an eligible child or spouse of a public safety officer or an eligible child of an employee who was killed or permanently and totally disabled in the line of duty; or be a public safety officer who was permanently and totally disabled in the line of duty;

4. Be enrolled or accepted for enrollment as a full-time undergraduate student in a course of study leading to a certificate or an associate or baccalaureate degree at an approved institution for the period of the grant;

5. Maintain satisfactory academic progress in the applicant’s course of study, according to standards determined by the approved institution; and 6. Complete an application for grant assistance according to the provisions of this rule.

(B) No award shall be made under section 173.260, RSMo to any applicant who is enrolled or who intends to use the award to enroll in a course of study leading to a degree in theology or divinity.

(C) Grant assistance shall be allotted for one (1) academic year, but an applicant shall be eligible for renewed assistance until receipt of a baccalaureate degree or, only in the case of an applicant who is an eligible child, has reached age twenty-four (24) years, whichever occurs first, except that the applicant may receive such grant assistance through the completion of the semester or similar grading period in which the eligible child reaches twenty-four (24) years of age.

(D) An eligible child of a public safety officer or employee, spouse of a public safety officer, or public safety officer shall cease to be eligible for a grant pursuant to section 173.260, RSMo, when the public safety officer or employee is no longer permanently and totally disabled.

(4) Application and Evaluation Policy.

(A) The CBHE annually shall prescribe the form of, and the time and method of filing, applications under the survivor grant program.

(B) An application for grant assistance under the survivor grant program shall be made annually by the applicant on the form prescribed by the CBHE.

(C) Completed applications must be received by the MDHE to be approved for grant awards.

(5) Award Policy.

(A) The maximum survivor grant program award amount for each applicant per academic year shall be the lesser of the actual tuition and incidental fees charged at the approved institution where the applicant is enrolled or accepted for full-time enrollment; or the amount of tuition and incidental fees charged a Missouri undergraduate resident enrolled fulltime (maximum twelve (12) credit hours) at the University of Missouri – Columbia.

(B) The applicant’s survivor grant, when combined with similar program funds for which the applicant is eligible for and receives, shall not exceed the total cost of tuition and incidental fees charged by the approved institution for fulltime enrollment.

(C) An applicant receiving an award under the survivor grant program shall have made satisfactory academic progress as defined by the approved institution in order to be eligible for a subsequent award under the survivor grant program.

(D) An applicant who has been denied a survivor grant award for lack of satisfactory academic progress may not receive another survivor grant award until the enrollment period after the applicable standard has once again been met.

(E) Award amounts will be calculated and issued for each semester of enrollment in a given academic year and will be disbursed to the approved institution.

(F) Awards will not be made for periods of enrollment during the summer term(s).

(G) An applicant may change the approved institution choice prior to the beginning of the first day of classes and may transfer between approved institutions during the academic year. A new application is required to transfer the award.

Failure to notify the MDHE by these dates of the change may result in loss of the award.

(H) Award notifications will be sent to applicants by the MDHE once applications have been approved and the awards have been determined. Notification of awards also will be sent to the student financial aid office at the approved institution in which the applicant plans to or has enrolled.

(I) The applicant’s award will be sent to the approved institution to be delivered to the applicant’s account. The (6) Information Sharing Policy. All information on an individual’s survivor grant application will be shared with the has applied or is attending to permit verification of data aid offices if necessary to verify data furnished to the state or 5 U.S.C. 552a.

History

• AUTHORITY: section 173.260, RSMo Supp. 2018. Original rule filed April 29, 1988, effective July 28, 1988. Amended: Filed May 27, 1999, effective Jan. 30, 2000. Amended: Filed Feb. 20, 2009, effective Aug. 30, 2009. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. Original authority: 173.260, RSMo 1987, amended 1998, 2018.

6 CSR 10-2.110 Wage Garnishment for Repayment of Defaulted Guaranteed Student Loans {#sec-6-csr-10-2.110 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.110}

(Rescinded May 30, 2023)

History

• AUTHORITY: section 173.115, RSMo 1994. Original rule filed July 18, 1989, effective Oct. 15, 1989. Rescinded: Filed Nov. 3, 2022, effective May 30, 2023.

6 CSR 10-2.120 Competitiveness Scholarship Program {#sec-6-csr-10-2.120 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.120}

PURPOSE: The competitiveness scholarship program permits the Coordinating Board for Higher Education to provide scholarships for eligible part-time Missouri residents to attend an approved Missouri college or university pursuant to the provisions included in 173.262, RSMo. This rule sets forth qualifications required of student applicants for the scholarships, criteria to be used in selecting scholarship recipients and qualifications which approved colleges or universities must meet.

(1) Definitions.

(A) Academic year or period of the scholarship is the period from July 1 of any year through June 30 of the following year.

(B) Applicant means a student who applies to the MDHE for a scholarship under the competitiveness scholarship program as prescribed by the CBHE and who meets the criteria to receive such an award under section 173.262, RSMo, and this administrative rule.

(C) Approved institution means any institution located in Missouri that meets the requirements set forth in subdivision 173.1102.1(2) or (3), RSMo, and that has been approved under 6 CSR 10-2.140.

(D) Award amount shall be an amount of money paid by Missouri to a qualified applicant pursuant to the provisions of this rule.

(E) Competitiveness scholarship program or scholarship program shall mean the scholarship program established by

section 173.262, RSMo.

(F) CBHE means the Coordinating Board for Higher Education (G) Expenses shall be undergraduate tuition or incidental fees for the current academic year.

(H) Financial need shall be the difference between the total financial resources available to an applicant and the applicant’s total cost of attendance, including tuition, fees, room and board, books and supplies, personal expenses, and transportation while attending part-time at an approved (I) Financial resources shall be the amount of financial assistance (scholarship, grant, work) awarded to the applicant by the approved institution and the amount of the applicant’s expected family contribution as calculated annually by the United States Department of Education as a result of an official federal need analysis based on the student’s federal needbased application form.

(J) Initial recipient shall be any applicant who meets the eligibility requirements and is awarded and received a competitiveness scholarship for the first time.

(K) MDHE means the Missouri Department of Higher Education created by section 173.005, RSMo.

(L) Part-time student shall be any undergraduate student who is enrolled less than full-time but at least half-time in a degree program as defined by the approved private or public Missouri institution.

(M) Renewal recipient shall be any applicant who received a competitiveness scholarship as an initial recipient under the competitiveness scholarship program and meets the eligibility requirements under the provisions of this rule and requirements as defined by the approved institution and is awarded and received a renewable competitiveness scholarship under the competitiveness scholarship program at an approved institution in Missouri.

(N) Resident of Missouri is any person who meets the requirements for resident status for Missouri as set forth by the CBHE in 6 CSR 10-3.010, the residency rule for higher education.

(O) Satisfactory academic progress shall be a cumulative on a four-point (4.0) scale or the equivalent on another scale Education Act of 1965. Calculation of CGPA shall be based on the approved institution’s policies as applied to other students in similar circumstances.

(P) Undergraduate student shall be any student who has not obtained a first baccalaureate degree.

(2) Basic Eligibility Policy.

(A) To be eligible for an initial or renewed award under the competitiveness scholarship program, an applicant must— 1. Be a citizen or permanent resident of the United States;

2. Be a resident of Missouri;

3. Be enrolled or accepted for enrollment as a part-time undergraduate student at an approved institution for the period of the scholarship;

4. Complete an application for scholarship assistance according to the provisions of this rule;

5. Demonstrate financial need based on a positive result from subtracting financial resources from the cost of attendance;

6. Be eighteen (18) years of age or older at the time the application is submitted to the MDHE;

7. Be employed and compensated for twenty (20) hours or more per week; and 8. Not be employed under the federal Title IV College Work-Study Program.

(B) To be eligible for a renewal scholarship under the competitiveness scholarship program, an applicant must meet the requirements in subsection (2)(A) of this administrative

rule and maintain satisfactory academic progress in a course of study.

(C) No award shall be made under section 173.262, RSMo, to any applicant who is enrolled or who intends to use the award to enroll in a course of study leading to a degree in theology or divinity.

(D) Scholarship assistance shall be allotted for one (1) academic year, but an applicant shall be eligible for renewed assistance until the applicant has obtained a baccalaureate degree or completed one hundred fifty (150) semester credit hours.

(3) Responsibilities of Institutions of Postsecondary Education.

Institutions participating in the competitiveness scholarship program must meet the requirements set forth in 6 CSR 10- 2.140, Institutional Eligibility for Student Participation.

(4) Application and Evaluation Policy.

(A) The CBHE annually shall prescribe the form of, and the time and method of filing, applications for participation in the competitiveness scholarship program.

(B) An application for an award under the competitiveness scholarship program shall be made annually by the applicant upon the form prescribed by the CBHE.

(C) Completed applications must be received by the MDHE to be approved for scholarship awards.

(D) The deadline for receiving completed competitiveness scholarship applications will be published annually by the MDHE for each academic year. Completed applications must be received by the MDHE on or before the published deadline to be considered on time and to have priority consideration.

Incomplete applications received by the MDHE will not be processed.

(E) Completed competitiveness scholarship applications received after the annual deadline published by the MDHE will be awarded provided program funds are available, based on a review by the MDHE.

(5) Award Policy.

(A) Within the limits of the funds appropriated and made available, the maximum award amount for each applicant per academic year shall be the lesser of the actual undergraduate tuition charged at an approved institution where the applicant is enrolled or accepted for part-time enrollment or the amount of tuition charged a Missouri undergraduate resident enrolled

part-time in the same class level (freshman, sophomore, junior, senior) and in the same academic major of the applicant at the University of Missouri-Columbia.

(B) For part-time students enrolled in courses totaling six (6), seven (7), or eight (8) semester credit hours, or the equivalent, the award amount shall be calculated based on six (6) semester credit hours. For part-time students enrolled in courses totaling nine (9), ten (10), or eleven (11) semester credit hours, or the equivalent, the award amount shall be calculated based on nine (9) semester credit hours.

(C) Applicants who qualify as initial recipients under the provisions of this rule will be awarded based on the availability of program funds.

(D) If sufficient program funds are unavailable to award to initial recipients, the awards will be made based on the earliest date the completed applications are received by the MDHE until all funds have been expended.

(E) Renewal recipients shall have priority in the awarding of program funds. If sufficient program funds are unavailable to award all eligible renewal recipients, priority for program funds shall be awarded based on the earliest date the completed application is received by the MDHE.

(F) Award amounts will be calculated and issued for each semester of part-time enrollment in a given academic year and will be disbursed to the approved institution.

(G) An applicant who has been denied a competitiveness scholarship award for lack of satisfactory academic progress may not receive another competitiveness scholarship award until the enrollment period after the applicable standard has once again been met.

(H) Awards will not be made for periods of enrollment during the summer term(s).

(I) An applicant’s approved institution choice may be changed and the applicant may transfer between approved institutions during the academic year by the deadline established by the MDHE. Failure to notify the MDHE by the prescribed dates of this action may result in loss of the award.

(J) The applicant’s award amount will be sent to the approved institution to be delivered to the student’s account.

The institution shall retain the portion of the award that the (6) Information Sharing Policy. All information on an individual’s competitiveness scholarship program application will be shared with the financial aid office of the institution to which the individual has applied or is attending to permit verification of data submitted. Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. section 552a.

Amended: Filed Jan. 29, 2019, effective July 30, 2019. *Original authority: 173.262, RSMo 1988, amended 1992.

History

• AUTHORITY: section 173.262, RSMo 2016. Original rule filed May 24, 1990, effective Nov. 30, 1990. Amended: Filed Jan. 12, 2007, effective July 30, 2007. Amended: Filed Feb. 20, 2009, effective Aug. 30, 2009. Amended: Filed June 15, 2016, effective Nov. 30, 2016.

6 CSR 10-2.130 Vietnam Veteran’s Survivors Grant Program {#sec-6-csr-10-2.130 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.130}

(Rescinded November 30, 2016)

History

• AUTHORITY: section 173.236, RSMo 2000. Original rule filed April 5, 1993, effective Sept. 9, 1993. Amended: Filed Feb. 20, 2009, effective Aug. 30, 2009. Rescinded: Filed June 15, 2016, effective Nov. 30, 2016.

6 CSR 10-2.140 Institutional Eligibility for Student Participation {#sec-6-csr-10-2.140 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.140}

PURPOSE: This rule sets forth policies and procedures of the Coordinating Board for Higher Education regarding the certification of public and private institutions of higher education so their full-time students may qualify for participation in any state student assistance programs.

(1) Definitions.

(A) Approved institution means any institution located in in subdivisions 173.1102.1(2), (3), or (4), RSMo; that has been approved under 6 CSR 10-2.140; and that has been approved to participate in the federal student financial assistance programs created in Title IV of the Higher Education Act of 1965, as amended.

(B) Approved private institution means an educational institution as defined in subdivision 173.1102.1(2), RSMo.

(C) Approved public institution means an educational institution as defined in subdivision 173.1102.1(3), RSMo.

(D) Approved virtual institution means an educational institution as defined in subdivision 173.1102.1(4), RSMo.

(E) CBHE means the Coordinating Board for Higher Education (F) Department means the Department of Higher Education (G) Expenses shall mean any charges the student owes to the institution that can be paid with state student assistance program funds as defined by each state student assistance (H) Standard admission policies shall mean policies approved and published by the approved institution to admit students to the institution.

(I) State student assistance program shall be any financial aid program created by Missouri statute that charges the CBHE with program administration and that establishes institutional eligibility through criteria consistent with section 173.1102, RSMo, as determined by the CBHE.

(2) Policy. In establishing this rule of institutional eligibility, the CBHE is guided principally by the Constitution of Missouri; the provisions of section 173.1102, RSMo; and the decisions of the Missouri Supreme Court construing the laws of the state.

(3) Institutional Eligibility.

(A) Only institutions certified by the CBHE as approved public or private institutions may participate in any state student assistance program.

(B) Public, private, and virtual institutions are eligible to participate in state student assistance programs only if they permit faculty members to select textbooks without influence or pressure from any source in order to be approved institutions.

This requirement is in addition to requirements set forth in subdivisions 173.1102.1(2), (3), and (4), RSMo, and elsewhere in this rule. Selection of textbooks within individual departments or schools by faculty curriculum committees shall not be considered inconsistent with this requirement.

(C) To be an approved private institution, an institution must be a nonprofit educational institution operating privately under the control of an independent board and not directly controlled or administered by any public agency or political subdivision. This requirement is in addition to requirements set forth in subdivision 173.1102.1(2), RSMo, and elsewhere in this rule. For the purposes of this rule, an independent board is one that meets the following minimum criteria:

1. The governing instrument of the institution gives the governing board final decision making authority for the institution;

2. The governing board is composed of a number of members as fixed or provided for in the governing instrument of the institution, who serve for terms of definite duration;

3. Each member of the governing board is free to exercise judgment independently in the interest of the institution without being controlled by any person or authority; and 4. The members of the governing board may not be removed by any authority during their respective terms, except for cause. For purposes of this criterion, “cause” shall not include any reason based upon religious affiliation, including failure to follow the directives of any purported superior

(D) No institution offering a course of study leading only to a degree in theology or divinity shall be eligible for certification as an approved institution under this rule.

(4) The CBHE shall assign institutions to appropriate institutional groups based on length of program, institutional structure, and other criteria it considers applicable to such assignment.

(5) Institutional Responsibilities.

(A) Approved institutions shall:

1. Admit students based on the institution’s standard admission policies;

2. Submit a copy of the institution’s policy on satisfactory academic progress for the records of the CBHE;

3. Establish fair and equitable refund policies covering tuition, fees, and, where applicable, room and board charges.

The refund policy shall be the same policy used by the institution for refunding all federal Title IV financial aid included in the Higher Education Act of 1965;

4. Systematically organize all student records (student financial aid, registrar, business office) pertaining to students who receive state student assistance program awards to be made readily available for review upon request by the CBHE.

The retention period for these records shall be the same period used by the institution to comply with federal Title IV program requirements included in the Higher Education Act of 1965;

5. Verify each state student assistance program award recipient’s eligibility by transmitting the student’s payment request to the department by the deadline published by the department. The verification must occur not more than ten (10) business days before the institution transmits the student’s payment request to the department. Funds must be delivered not more than ten (10) business days after this verification or eligibility must be reconfirmed by the institution before delivery.

(B) Before the approved institution delivers the state student assistance program funds to an applicant, the approved institution must require the applicant to provide affirmative proof that the applicant is a United States (U.S.) citizen, permanent resident of the U.S., or lawfully present in the U.S., in accordance with the rules of the state student assistance program. Students who are U.S. citizens or permanent residents of the U.S. need only provide this proof before the first time they receive an award and shall not be required to provide it before they receive subsequent awards. Students who are not U.S. citizens or permanent residents of the U.S. must present affirmative proof annually.

(C) When the approved institution receives the state student assistance program funds for the awards made by the CBHE, the approved institution must:

1. Deliver the state student assistance program funds to the award recipient in the amount determined by the CBHE using the institution’s standard award delivery procedures.

The applicant’s award will be sent to the approved institution to be delivered to the student’s account. The institution shall retain the portion of the state student assistance award that the applicant owes to that institution for expenses, and promptly give the applicant any remaining funds;

2. Return the applicant’s award to the CBHE within thirty (30) days of learning the applicant is no longer eligible to receive an award, if this is determined prior to the delivery of funds to the applicant;

3. Be responsible for the repayment of any funds sent to it by the CBHE within thirty (30) days of learning any of the A. The institution delivered funds to an ineligible applicant if the award was based on erroneous, improper, or misleading information provided by the institution to the CBHE; or B. The institution delivered the funds to a person other than the one to whom the CBHE has directed the funds be delivered; or C. The award amount for an eligible student exceeded the maximum amount for which the student was eligible; and 4. Determine and calculate the amount of refunds to the CBHE based on the institution’s refund formula for applicants who withdraw. The funds must be returned to the CBHE within thirty (30) days of the determination a withdrawal has occurred.

(D) The CBHE may refuse to make state student assistance awards to applicants who attend institutions that fail to make timely refunds to the CBHE as provided above.

(6) Procedures.

(A) All institutions currently holding an approved institution status shall retain said status for a period of three (3) years from the effective date of this rule, unless that status is terminated in accordance with 6 CSR 10-2.140(3) or 6 CSR 10-2.140(6)(C).

(B) Any institution not designated an approved institution on the effective date of this rule shall make application to the CBHE to be certified as an approved institution and shall sign participation agreements for all state student assistance programs in which the institution will participate in order for students attending the institution to be eligible to receive state student assistance awards. Applications for approved institution status shall be made on forms provided therefore by the CBHE. Upon certification of an institution as an approved institution by the CBHE, the status of an approved institution shall continue for a period of no more than three (3) years from the date of certification unless earlier terminated for changes in operation specified in 6 CSR 10-2.140(3) or 6 CSR 10-2.140(6)

(C).

(C) During a period in which an institution is certified as an approved institution, if a substantial change occurs in the institution’s governing structure; in the institution’s hiring policies pertaining to administration, faculty, and staff; in the institution’s admissions policies; in the institution’s textbook selection procedures; in the level of programs or degrees offered by the institution; in the institution’s qualification for accreditation by the Higher Learning Commission or other United States Department of Education-recognized accrediting agency; in the institution’s record of compliance with lawfully promulgated CBHE policies and procedures; or in any other matter affecting the criteria set forth in subdivisions 173.1102.1(2), (3), or (4), RSMo, the CBHE may consider whether to terminate the institution’s approved status because of such change. Institutions shall notify the CBHE in writing within thirty (30) days after any such change occurs. Before the CBHE makes a decision regarding the status of an approved institution, the CBHE may, at its own discretion, hold one (1) or more public hearing(s) under the procedures set forth in subsection (6)(G) of this rule.

(D) If any institution’s approved institution status is terminated before the expiration of the three- (3-) year term, the institution may thereafter apply to the CBHE for recertification on forms provided by the CBHE.

(E) If an approved institution desires to continue its status as an approved institution, it may apply for renewal of its approved institution status by filing an application for recertification as an approved institution and signing participation agreements for all state student assistance programs in which the institution will participate at least sixty (60) days before the date its certification would normally expire. An application for recertification as an approved institution shall be made to the CBHE on forms provided by the CBHE.

(F) Upon receipt of a completed institutional application form, the CBHE may certify or recertify the institution as an approved institution or deny certification as an approved institution. The CBHE may base its decision on the information submitted by the institution, on the institution’s record of compliance with CBHE policies and procedures, and on any other information that the CBHE deems reliable. The CBHE, at its own discretion, may hold one (1) or more public hearing(s) regarding the merits of the application.

(G) In the event the CBHE requires a hearing, the CBHE shall so advise the institution within a reasonable amount of time.

The advice to the institution shall state the time and place of the hearing and the issues of concern to the CBHE. The institution shall publish conspicuous notices of such hearing in its buildings and on its grounds, in areas accessible to staff, faculty, and students, and the notices shall set forth the fact that the hearing is to be held; its date, time, location, and

purpose; the telephone number and mailing address of the commissioner of higher education at the department, and advice that comments concerning the issues identified by the CBHE may be communicated to the commissioner of higher education.

(H) The decision to certify, recertify, decertify, or reject initial certification of an institution as an approved institution shall rest solely within the discretion of the CBHE.

History

• authority, religious or otherwise.
• AUTHORITY: sections 173.236, 173.250, 173.254, 173.262, and 173.1103, RSMo 2016, and sections 173.234 and 173.260, RSMo Supp. 2018. Emergency rule filed Aug. 28, 2007, effective Sept. 7, 2007, expired March 4, 2008. Original rule filed Oct. 12, 2007, effective March 30, 2008. Amended: Filed Dec. 15, 2008, effective June 30, 2009. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. Original authority: 173.234, RSMo 2008, 2009, 2016, 2018; 173.236, RSMo 1991; 173.250, RSMo 1986, amended 1988, 1990, 1990, 1991, 2007, 2010; 173.254, RSMo 1998; 173.260, RSMo 1987, amended 1998, 2018; 173.262, RSMo 1988, amended 1992; and 176.1103, RSMo 2007.

6 CSR 10-2.150 Access Missouri Financial Assistance Program Access Missouri Financial Assistance program. {#sec-6-csr-10-2.150 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.150}

(1) Definitions.

(A) Academic year shall be from July 1 of any year through (B) Access Missouri shall mean the Access Missouri Financial Assistance Program set forth in sections 173.1101–173.1107, RSMo.

(C) Access Missouri award means an amount of money paid by the state of Missouri to a qualified applicant under the Access Missouri program.

(D) Applicant means a student who has filed a complete and accurate application to receive an Access Missouri award as prescribed by the CBHE and who qualifies to receive such award under section 173.1104, RSMo.

(E) Approved institution means any institution located in in subdivisions 173.1102.1(2), (3), or (4), RSMo, that has been approved under 6 CSR 10-2.140, and that has been approved to participate in the federal student financial assistance programs created in Title IV of the Higher Education Act of 1965, as amended.

(F) Award year shall be from July 1 of any year through June (G) CBHE means the Coordinating Board for Higher Education (H) Consortium agreement means a written agreement (I) Department means the Department of Higher Education (J) EFC means Expected Family Contribution, the amount of money a student and family should pay toward the cost of postsecondary education as calculated annually by the United States Department of Education as a result of an official federal need analysis based on the student’s federal need-based aid application form.

(K) Expenses mean any educational-related expenses (L) Full-time student means a student who is enrolled in at least twelve (12) semester hours, eight (8) quarter hours, or the equivalent in another measurement system, but not less than the respective number sufficient to secure the certificate or degree toward which the student is working in no more than the number of semesters, or their equivalent, normally required by the institution for the program in which the student is enrolled. Provided, however, that an otherwise eligible student having a disability as defined by Title II of the Americans with Disabilities Act (42 U.S.C. 12101-12213) who, because of the student’s disability, is unable to satisfy the statutory minimum requirements for full-time status under Title IV student aid programs shall be considered by the approved institution to be a full-time student and shall be considered to be making satisfactory academic progress, as defined in subsection (1)(Q) of this rule, while carrying a minimum of six (6) credit hours or (M) Initial recipient means a student who qualifies under

section 173.1104, RSMo, has filed an accurate and complete application by the deadline established by the CBHE for the Access Missouri program, and has not received an Access Missouri award in any prior academic year.

(N) Increment group shall mean a group organized by EFC in five hundred dollar ($500) increments into which all eligible applicants are placed.

(O) Renewal recipient means a student who received an Access Missouri award, who meets the requirements set forth in section 173.1104, RSMo, and who has filed an accurate and complete application by the deadline established by the CBHE for the Access Missouri program.

(P) Residency, for the purpose of this rule, shall be determined (Q) Satisfactory academic progress shall be a cumulative (2) Responsibilities of Institutions of Postsecondary Education.

Institutions participating in the Access Missouri program must meet the requirements set forth in 6 CSR 10-2.140 Institutional Eligibility for Student Participation.

(3) Basic Eligibility Policy.

(A) To qualify for an Access Missouri award, an initial or the period during which the recipient receives the award, must meet the requirements set forth in section 173.1104, RSMo.

(B) Initial or renewal recipients attending an approved virtual institution that fails to meet all of the requirements in subdivision 173.1102.1(4), RSMo are not eligible for assistance under sections 173.1104 and 173.1105, RSMo.

(4) Application and Evaluation Policy.

(A) The department shall annually prescribe the time and the Access Missouri program. It shall make announcement of its action in these respects.

(B) Students shall apply annually for financial assistance under the Access Missouri program by completing and submitting the federal need-based aid application form as prescribed by the United States Department of Education.

(C) The department will evaluate each student’s application for an Access Missouri award according to the student’s EFC as calculated based on information provided in the student’s federal need-based aid application form completed and submitted as prescribed by the United States Department of Education.

(D) Annual award amounts for renewal recipients may be increased or decreased based on a change in the financial condition of the applicant, the financial condition of the applicant’s spouse or parents, or availability of funds for distribution during that award year.

(E) Exceptions to the department’s procedures applicable to the Access Missouri program and reconsideration of applicants’ need will take place only in unusual circumstances, such as death or disability of a wage earner, illness, or other economic reversal, and will be considered on an individual basis only upon written request, submitted to the Missouri Department of Higher Education, Access Missouri Program, PO Box 1469, Jefferson City, MO 65102-1469.

(5) Award Policy.

(A) Access Missouri awards shall be allotted for one (1) award (B) A renewal recipient may continue to receive a grant under the Access Missouri program so long as the applicant:

1. Maintains satisfactory academic progress;

2. Otherwise meets the criteria of the Access Missouri program; and 3. Has not exceeded— A. Five (5) semesters at two- (2-) year institutions; or B. A total of ten (10) semesters or fifteen (15) quarters at a four- (4-) year institution or any combination of institutions.

(C) Initial and renewal recipients who meet the eligibility requirements set forth in sections 173.1101 through 173.1107, RSMo, and this rule shall be eligible for an Access Missouri award, with minimum and maximum annual award amounts as referenced in section 173.1105, RSMo, subject to the availability of funds appropriated by the legislature.

(D) A student with an EFC of twelve thousand dollars ($12,000) or less shall receive at least the minimum annual award amount for the institution in which the student is enrolled, subject to the availability of funds appropriated by the legislature.

Maximum annual award amounts for recipients with an EFC above seven thousand dollars ($7,000) shall be reduced by ten percent (10%) of the maximum EFC for the student’s increment group.

(E) Any award amount shall be reduced by the amount of a student’s payment from the A+ schools program or any successor program to it.

(F) Maximum annual award amounts will be reduced as provided in section 173.1105, RSMo, across all institutional groups in order to ensure the total funds awarded through the Access Missouri program do not exceed the funds appropriated.

If sufficient funds are appropriated, the department shall increase the number of recipients by raising the EFC cutoff once the statutory maximum awards have been met.

(G) A student who has been denied an Access Missouri award for lack of satisfactory academic progress may not receive another Access Missouri award until the enrollment period (H) No Access Missouri awards will be granted to a student after— 1. A baccalaureate degree has been granted to the student;

2. The hours, or the equivalent to the hours, required for a baccalaureate degree have been completed by a student; or 3. The student has completed one hundred fifty (150) semester hours or the equivalent, or two hundred twenty-five (225) quarter hours or the equivalent of coursework.

(I) Access Missouri awards will be made for use during the normal academic year, but no funds for Access Missouri awards will be granted for use for summer school.

(J) No Access Missouri award will be made retroactive to a previous academic year. An Access Missouri award will be made retroactive to a previous semester only upon the sole discretion of the department.

(K) Access Missouri awards will be issued only after certification of full-time attendance of the student by the institution. For a student enrolled as part of a consortium agreement, the student must be considered to be enrolled fulltime at the home institution to be certified.

(L) Only one-half the annual Access Missouri award will be issued in a semester of that award year.

(M) The applicant’s award will be sent to the approved (N) An applicant’s failure to provide required information by the established deadlines may result in loss of the Access Missouri award.

(O) The CBHE has the discretion to withhold payments of any Access Missouri awards after initiating an inquiry into the eligibility or the continued eligibility of a student or into the approved status of an institution.

(P) A student may transfer the Access Missouri award from one (1) approved public or private institution to another without losing eligibility for assistance, but the CBHE shall make any necessary adjustments in the amount of the award.

(6) Information Sharing Policy. All information on an individual’s Access Missouri application will be shared with the has applied, or is attending, to permit verification of data aid offices if necessary to verify data furnished by the state or

Original rule filed Oct. 12, 2007, effective March 30, 2008.

Amended: Filed Dec. 15, 2008, effective June 30, 2009. Amended:

Filed Dec. 10, 2010, effective June 30, 2011. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. *Original authority: 173.1103, RSMo 2007.

History

• AUTHORITY: section 173.1103, RSMo 2016. Emergency rule filed Aug. 28, 2007, effective Sept. 7, 2007, expired March 4, 2008.

6 CSR 10-2.160 War Veteran’s Survivors Grant Program {#sec-6-csr-10-2.160 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.160}

PURPOSE: The War Veteran’s Survivors Grant, established by

section 173.234, RSMo, authorizes the Coordinating Board for Higher Education to provide grants for tuition assistance, room and board, and books for eligible undergraduate students who meet the criteria established in statute. This administrative rule sets forth eligibility requirements for War Veteran’s Survivors Grant award recipients and the responsibilities that approved postsecondary institutions must fulfill for participation in the (1) Definitions.

(A) Academic year shall be from July 1 of any year through (B) Applicant means a survivor who has filed an accurate and complete application to receive a War Veteran’s Survivors Grant award, who has been certified as eligible by the Missouri Veteran’s Commission, and who otherwise qualifies to receive such award under section 173.254, RSMo.

(C) Award shall be an amount of money paid by Missouri to a qualified applicant for tuition assistance, room and board, and books pursuant to the provisions of this rule and section 173.234, RSMo.

(D) Award year shall be from July 1 of any year through June (E) Books are any books or related supplementary materials required for any course for which tuition was paid in whole or in part by an award under this section.

(F) Consortium agreement means a written agreement (G) Coordinating board, CBHE, or board is the Coordinating Board for Higher Education created by section 173.005, RSMo.

(H) Department means the Department of Higher Education (I) Grant shall be the War Veteran’s Survivors Grant established in section 173.234, RSMo.

(J) Initial recipient means any applicant who meets the criteria set forth in section 173.234, RSMo, and in this regulation; has filed an accurate and complete application by the deadline established by the CBHE for the War Veteran’s Survivors Grant program; and has not received a War Veteran’s Survivors Grant award in any prior academic year.

(K) Institution of postsecondary education or approved institution shall be any Missouri public institution of postsecondary education as defined in subdivision 173.1102.1(3), (L) Renewal recipient means any applicant who has received a War Veteran’s Survivors Grant award; who meets the requirements set forth in section 173.234, RSMo, and in this

regulation; and who has filed an accurate and complete application by the deadline established by the department for the War Veteran’s Survivors Grant program.

(M) Satisfactory academic progress means meeting the included in the Higher Education Act of 1965, with the exception of grade point average.

(N) Survivor shall be any child up to twenty-five (25) years of age or spouse of a war veteran as defined in section 173.234.1(5), (O) Tuition is any tuition or incidental fee, or both, charged by an institution of postsecondary education for attendance at the institution by a student as a resident of this state.

(P) Tuition assistance is the component of the award related to the actual tuition paid by the student up to the amount charged to a Missouri resident at the University of Missouri– Columbia.

(2) Responsibilities of Institutions of Postsecondary Education.

(A) Institutions participating in the War Veteran’s Survivors Grant program must meet the requirements set forth in 6 CSR 10-2.140 Institutional Eligibility for Student Participation.

(B) Institutions must retain highlighted book receipts documenting each eligible student’s book costs and provide a copy of the receipts to the department upon request.

(3) Eligibility Policy. To qualify for an award, an initial or the period during which the recipient receives the award, must— (A) Meet the requirements set forth in section 173.234, RSMo, and this regulation;

(B) Meet the requirements set forth in section 173.1110, RSMo;

(C) Be enrolled or accepted for enrollment at least halftime in an approved institution where half-time enrollment is determined by the standards of the institution.

(4) Application and Evaluation.

(A) The department shall annually prescribe the time and method for filing applications for an award under the War Veteran’s Survivors Grant program. It shall make announcement of its action in these respects.

(B) Students shall apply annually for an award under the War Veteran’s Survivors Grant program by completing and submitting the application form as prescribed by the department.

(C) The department will evaluate each application for a War Veteran’s Survivors Grant award according to the certification provided by the Missouri Veteran’s Commission and according to the extent to which each applicant meets the requirements set forth in this regulation and section 173.234, RSMo.

(5) Award Policy.

(A) War Veteran’s Survivors Grant awards shall be allotted for one (1) award year. Award amounts will be calculated and issued for each semester of that award year.

(B) Within the limits of amounts appropriated therefore, a renewal recipient may continue to receive an award so long as the recipient:

1. Maintains a cumulative grade point average of at least two and one-half (2.5) on a four-point (4.0) scale, or its equivalent;

2. Maintains satisfactory academic progress; and 3. Otherwise meets the criteria of the War Veteran’s Survivors Grant program.

(C) Provided that sufficient funds are appropriated, initial and renewal recipients who meet the eligibility requirements set forth in section 173.234, RSMo, and this rule shall be eligible for a War Veteran’s Survivors Grant award amounting to the sum of the following:

1. The actual tuition charged for the number of hours in which the initial or renewal recipient is enrolled or accepted for enrollment at the approved institution. The amount of the tuition assistance shall not exceed the amount of tuition charged a Missouri resident enrolled in the same number of hours at the University of Missouri–Columbia. For programs measured in clock hours rather than credit hours, the institution shall use the conversion formula of fifteen (15) classroom hours equal one (1) credit hour;

2. An allowance of up to two thousand dollars ($2,000) per semester for room and board, as determined by the department; and 3. The actual cost of the survivor’s books at the approved institution where the initial or renewal recipient is enrolled or accepted for enrollment as documented with actual receipts for books purchased, not to exceed five hundred dollars ($500) per semester.

(D) Within the amounts appropriated for awards, the coordinating board shall provide awards for up to twenty-five (25) applicants annually to attend approved institutions.

(E) Eligible renewal recipients shall have award priority.

If funds are not available to make awards to all applicants who would otherwise meet the requirements to be renewal recipients, the department will make awards according to priority based on the earliest complete and accurate applications received by the department.

(F) Applicants who qualify as initial recipients under the provisions of this rule shall receive awards if sufficient funds are appropriated and subject to the priorities described above.

(G) If funds are not available to make awards to all applicants who would otherwise meet the requirements to be initial recipients, the department will make awards according to priority based on the earliest complete and accurate applications received by the department.

(H) Eligible applicants who do not receive an award due to insufficient grant funds shall be put on a waiting list. If the waiting list of eligible applicants exceeds fifty (50), the CBHE may petition the general assembly to expand the quota. If the quota is not expanded, then the eligibility status of these eligible applicants will be extended to the following academic year and the applicant will be considered for an award in accordance with the criteria in subsections (5)(D)–(G) of this (I) Award notifications will be sent to the eligible applicants by the department once the applications have been approved and the award amounts have been determined. Notification of award eligibility will also be sent to the student financial aid office at the approved institution where the student plans to enroll or has enrolled.

(J) An applicant who has been denied a War Veteran’s Survivors Grant award for lack of satisfactory academic progress or failure to maintain the grade point average requirement in paragraphs (5)(B)1.–2. of this rule may not receive another War Veteran’s Survivors Grant award until the enrollment period (K) No War Veteran’s Survivors Grant award will be granted to an applicant after completion of the first baccalaureate degree, regardless of age.

(L) War Veteran’s Survivors Grant awards will be made for use during the academic year, but no funds for War Veteran’s Survivors Grant awards will be granted for use for summer school.

(M) No War Veteran’s Survivors Grant award will be made retroactive to a previous academic year. A War Veteran’s Survivors Grant award will be made retroactive to a previous semester only upon the sole discretion of the department.

(N) War Veteran’s Survivors Grant awards will be issued only after certification of attendance of the student by the (O) In order to receive an award for attendance at more than one (1) institution during a single semester, applicants must be enrolled in a consortium agreement. Awards based on consortium agreements will be issued to the home school.

(P) The applicant’s award will be sent to the approved (Q) An applicant’s failure to provide an accurate and complete application or any additional information by any deadline may result in loss of the War Veteran’s Survivors Grant award.

(R) The CBHE may withhold payment of any War Veteran’s Survivors Grant award after initiating an inquiry into the initial or continued eligibility of a student or into the approved status of an institution.

(S) A student may transfer the War Veteran’s Survivors Grant award from one (1) approved public institution of postsecondary education to another without losing eligibility for assistance, but the CBHE shall make any necessary adjustments in the amount of the award.

(6) Information Sharing Policy. All information on an individual’s War Veteran’s Survivors Grant application will be shared with the financial aid office of the institution to which the individual has applied or that the individual is attending to permit verification of data submitted. Information may be shared with federal financial aid officers if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552, 552a.

History

• AUTHORITY: section 173.234, RSMo Supp. 2018. Original rule filed Dec. 15, 2008, effective June 30, 2009. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. Original authority: 173.234, RSMo 2008, amended 2009, 2016, 2018.

6 CSR 10-2.170 Kids’ Chance Scholarship Program {#sec-6-csr-10-2.170 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.170}

PURPOSE: The Kids’ Chance Scholarship Program, established by section 173.254, RSMo, authorizes the Department of Higher Education to provide scholarships for the children of workers who were seriously injured or died in work-related accidents or of occupational diseases covered by workers’ compensation and compensable pursuant to Chapter 287, RSMo, to attend a college, university, or accredited vocational institution of their choice.

This administrative rule sets forth eligibility requirements for Kids’ Chance Scholarship award recipients and the responsibilities that approved postsecondary institutions must fulfill for the administration of the program.

(1) Definitions.

(A) Academic year shall be from July 1 of any year through (B) Applicant means an eligible child, as defined in this rule, who applies for a Kids’ Chance scholarship.

(C) Award year shall be from July 1 of any year through June (D) Consortium agreement means a written agreement (E) Coordinating board, CBHE, or board is the Coordinating Board for Higher Education created by section 173.005, RSMo.

(F) Department means the Department of Higher Education (G) EFC means Expected Family Contribution, the amount of money a student and family should pay toward the cost of postsecondary education as calculated annually by the United States Department of Education as a result of an official federal need analysis based on the student’s federal need-based aid application form.

(H) Eligible child is a natural child, adopted child, or stepchild who meets the requirements set forth in section 173.254, RSMo, and this regulation.

(I) Initial recipient means any applicant who has filed an accurate and complete application by the deadline established by the CBHE for the Kids’ Chance program and has not received a Kids’ Chance award in any prior academic year.

(J) Institution of postsecondary education or approved institution means any institution located in the state of Missouri that meets the requirements set forth in subdivisions 173.1102.1(2) or (3), RSMo, and that has been approved under 6 CSR 10-2.140.

(K) Kids’ Chance or scholarship program shall mean the Kids’ Chance Scholarship Program set forth in sections 173.254 through 173.258, RSMo.

(L) Kids’ Chance Inc. of Missouri means the registered Missouri nonprofit corporation established to provide scholarships for tuition, education materials, living expenses, and other related incidental expenses for education to children of employees who have been seriously injured or killed in work-related accidents which have been either judicially determined to be, or accepted as, compensable under the Missouri Workers’ Compensation Law, or any corresponding provisions of any future Missouri law.

(M) Missouri citizen, for the purpose of this rule, shall be a U.S. citizen or permanent resident who meets the standards set forth in the determination of student residency rule, 6 CSR 10-3.010.

(N) Renewal recipient means any applicant who has received a Kids’ Chance award and who has filed an accurate and complete application by the deadline established by the department for the Kids’ Chance program.

(O) Satisfactory academic progress means meeting the included in the Higher Education Act of 1965, with the exception of grade point average.

(P) Scholarship assistance, award, or funds shall be an amount of money paid by Missouri to a qualified applicant pursuant to the provisions of this rule.

(Q) Serious injury shall be an injury that led to a paid settlement or judicial award that can be identified by the injured party’s inclusion on the Dependent Outreach List provided by the Missouri Division of Worker’s Compensation.

(2) Responsibilities of Institutions of Postsecondary Education.

Institutions participating in the Kids’ Chance program must meet the requirements set forth in 6 CSR 10-2.140 Institutional Eligibility for Student Participation.

(3) Eligibility Policy. To qualify for an award, an initial or the period during which the recipient receives the award, must:

(A) Meet the requirements set forth in section 173.254, RSMo, and this regulation;

(B) Be a Missouri citizen as defined in subsection (1)(M) of this (C) Be enrolled or accepted for enrollment at least half-time in an approved institution, where half-time enrollment is determined by the standards of the institution;

(D) Establish financial need by having an EFC that is less than or equal to the maximum EFC used to determine eligibility for the Access Missouri Student Financial Assistance Program;

(E) Not be enrolled or intend to use the award to enroll in a course of study leading to a degree in theology or divinity; and (F) Complete an application for scholarship assistance according to the provisions of this rule.

(4) Application and Evaluation.

(A) The department shall annually prescribe the time and method for filing applications for an award under the Kids’ Chance program. It shall make announcement of its action in these respects.

(B) Students shall apply annually for an award under the Kids’ Chance program by completing and submitting the application form as prescribed by the department.

(C) The department will evaluate each application for a Kids’ Chance award based on the information provided by Kids’ Chance Inc. of Missouri and according to the extent to which each applicant meets the requirements set forth in this

regulation and section 173.254, RSMo.

(5) Award Policy.

(A) Kids’ Chance awards shall be allotted for one (1) award year, but an applicant shall be eligible for renewed assistance until the applicant has reached the age of twenty-two (22) years, except the applicant may receive such scholarship assistance through the completion of the semester or similar grading period in which the eligible child reaches twenty-two (22) years of age.

(B) Award amounts will be calculated and issued for each semester of that award year.

(C) Within the limits of amounts appropriated therefore, a renewal recipient may continue to receive an award so long as the recipient:

1. Maintains a cumulative grade point average of at least two and one-half (2.5) on a four-point (4.0) scale, or its equivalent;

2. Maintains satisfactory academic progress; and 3. Otherwise meets the criteria of the Kids’ Chance (D) Provided that sufficient funds are appropriated, initial and renewal recipients who meet the eligibility requirements set forth in section 173.254, RSMo, and this rule shall be eligible for a Kids’ Chance award, with the maximum scholarship award amount for each semester being the least of:

3. The actual tuition as defined in section 173.260, RSMo, charged at the approved institution where the individual is enrolled or accepted for enrollment for the number of credit hours in which the individual is enrolled; or 2. The amount of tuition charged a Missouri resident at the University of Missouri for attendance based on the same number of credit hours in which the individual is enrolled.

(E) The applicant’s scholarship award shall be reduced when necessary pursuant to section 173.093, RSMo.

(F) Eligible renewal recipients shall have award priority.

If funds are not available to make awards to all applicants who would otherwise meet the requirements to be renewal recipients, the department will make awards first according to priority based on the students with the lowest EFCs and then on the earliest complete and accurate applications received by (G) Applicants who qualify as initial recipients under the provisions of this rule shall receive awards if sufficient funds are appropriated and subject to the priorities described above.

(H) If funds are not available to make awards to all applicants who would otherwise meet the requirements to be initial recipients, the department will make awards first according to priority based on the students with the lowest EFCs and then on the earliest complete and accurate applications received by (I) Award notifications will be sent to the eligible applicants by the department once the applications have been approved.

Notification of award eligibility will also be sent to the student financial aid office at the approved institution where the student plans to enroll or has enrolled.

(J) An applicant who has been denied a Kids’ Chance award for lack of satisfactory academic progress or failure to maintain the grade point average requirement in paragraphs (5)(C)1.–2. of this rule may not receive another Kids’ Chance award until the enrollment period after the applicable standard has once again been met.

(K) Kids’ Chance awards will be made for use during the academic year, but no funds for Kids’ Chance awards will be granted for use for summer school.

(L) No Kids’ Chance award will be made retroactive to a previous academic year. A Kids’ Chance award will be made retroactive to a previous semester only upon the sole discretion of the department.

(M) Kids’ Chance awards will be issued only after certification of at least half-time attendance of the student by the institution.

For students enrolled as part of a consortium agreement, the student must be considered to be enrolled at least half-time at the home institution to be certified.

(N) The applicant’s award will be sent to the approved (O) An applicant’s failure to provide an accurate and complete application or any additional information by any deadline may result in loss of the Kids’ Chance award.

(P) The CBHE may withhold payment of any Kids’ Chance award after initiating an inquiry into the initial or continued eligibility of a student or into the approved status of an (Q) A student may transfer the Kids’ Chance award from one (1) approved institution in Missouri to another without losing eligibility for assistance, but the CBHE shall make any necessary adjustments in the amount of the award.

(6) Information Sharing Policy. All information on an individual’s Kids’ Chance application will be shared with the financial aid office of the institution to which the individual has applied or that the individual is attending to permit verification of data aid officers if necessary to verify data furnished by the state or

History

• AUTHORITY: section 173.254, RSMo 2016. Original rule filed Dec. 15, 2008, effective June 30, 2009. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. Original authority: 173.254, RSMo 1998.

6 CSR 10-2.180 Minority and Underrepresented Environmental Literacy Program Minority and Underrepresented Environmental Literacy Program. {#sec-6-csr-10-2.180 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.180}

(1) Definitions.

(A) Academic year shall be from July 1 of any year through (B) Advisory committee shall be the Minority Environmental Literacy Advisory Committee created under section 173.240, (C) Applicant means a student who has filed a complete and accurate application to receive a Minority and Underrepresented Environmental Literacy Program award as prescribed by the department and who qualifies to receive such award under section 173.240, RSMo.

(D) Approved institution means any institution located in the state of Missouri that meets the requirements set forth in subdivisions 173.1102.1(2) or (3), RSMo, that has been approved under 6 CSR 10-2.140.

(E) Award year shall be from July 1 of any year through June (F) Completed secondary coursework or completion of secondary coursework shall be graduation from high school or the virtual public school established in section 161.670, RSMo, receipt of a general education development (GED) diploma, completion of a program of study through homeschooling, or any other program of academic instruction that satisfies the compulsory attendance requirement under section 167.031, (G) Consortium agreement means a written agreement (H) Department means the Department of Higher Education (I) Expenses mean any educational-related expenses (J) Full-time student means a student who is enrolled in at least twelve (12) semester hours, eight (8) quarter hours, or the equivalent in another measurement system, but not less than the respective number sufficient to secure the certificate or degree toward which the student is working in no more than the number of semesters, or their equivalent, normally required by the institution for the program in which the student is enrolled. Provided, however, that an otherwise eligible student having a disability as defined by Title II of the Americans with Disabilities Act (42 U.S.C. 12101–12213) who, because of the student’s disability, is unable to satisfy the statutory minimum requirements for full-time status under Title IV student aid programs shall be considered by the approved institution to be a full-time student and shall be considered to be making satisfactory academic progress, as defined in subsection (1)(O) of this rule, while carrying a minimum of six (6) credit hours or (K) Initial recipient means a student who qualifies under

section 173.240, RSMo, has filed an accurate and complete application by the deadline established by the department for the Minority and Underrepresented Environmental Literacy Program, has been selected to receive an award by the advisory committee, and has not received a Minority and Underrepresented Environmental Literacy Program award in any prior academic year.

(L) Program shall mean the Minority and Underrepresented Environmental Literacy Program created under section 173.240, (M) Renewal recipient means a student who received a Minority and Underrepresented Environmental Literacy Program award in any prior academic year, who meets the requirements set forth in section 173.240, RSMo, and who has filed an accurate and complete application by the deadline established by the department for the Minority and Underrepresented Environmental Literacy Program, and has been selected to receive an award by the advisory committee.

(N) Residency, for the purpose of this rule, shall be determined (O) Satisfactory academic progress shall be a cumulative (P) Severely underrepresented minority ethnic group means African Americans, Hispanic or Latino Americans, Native Americans and Alaska Natives, and Native Hawaiians and Pacific Islanders as referenced in the 2011 publication of Expanding Underrepresented Minority Participation: America’s Science and Technology at the Crossroads, authored by the Committee on Underrepresented Groups and the Expansion of the Science and Engineering Workforce Pipeline; Committee on Science, Engineering, and Public Policy; Policy and Global Affairs; National Academy of Sciences, National Academy of Engineering, and Institute of Medicine.

(2) Responsibilities of Institutions of Postsecondary Education.

Institutions participating in the program must meet the institutional responsibilities set forth in 6 CSR 10-2.140(5).

(3) Responsibilities of Advisory Committee. The advisory committee shall meet at least annually to select initial and renewal recipients.

(4) Basic Eligibility Policy. To qualify for a Minority and Underrepresented Environmental Literacy Program award, an initial or a renewal recipient, at the time of application and throughout the period during which the recipient receives the award, must meet the following requirements:

(A) Comply with section 173.1110, RSMo;

(B) Be a Missouri resident;

(C) Have completed secondary coursework;

(D) Have maintained a cumulative grade point average of at least three (3.0) on a four-point (4.0) scale in high school or, if currently enrolled in college, have maintained a cumulative grade point average of at least two and one-half (2.5) on a four point (4.0) scale; and (E) Be enrolled full-time in one (1) of the areas of study indicated in subsection 6. of 173.240, RSMo.

(5) Application and Evaluation Policy.

(A) The department shall annually prescribe the time and the Minority and Underrepresented Environ-mental Literacy Program. It shall make announcement of its action in these respects.

(B) Students shall apply annually for financial assistance under the Minority and Underrepresented Environmental Literacy Program by completing and submitting the application prescribed by the department by the deadline established by (C) The department will verify each student’s application for a Minority and Underrepresented Environmental Literacy Program award meets the eligibility criteria established in this (D) The department will provide applications for all eligible students to the advisory committee for review and selection of recipients.

(6) Award Policy.

(A) Minority and Underrepresented Environmental Literacy Program awards shall be allotted and issued for one (1) award year, unless otherwise specified on the application.

(B) A renewal recipient may continue to receive an award under the Minority and Underrepresented Environmental Literacy Program so long as the applicant— 1. Maintains satisfactory academic progress;

2. Otherwise meets the criteria of the Minority and Underrepresented Environmental Literacy Program; and 3. Continues to be selected as a recipient by the advisory committee. The selection process will include consideration of information evidencing the applicant’s continued pursuit of an environmentally-related career path, including, but not limited to, volunteer activities, job shadowing, or summer employment in an environmentally-related field.

(C) The department shall establish the amount of the award annually and shall make announcement of its action in this respect.

(D) The department shall make awards in the rank order established by the advisory committee until all available funding has been expended to the nearest whole award amount for the time frame specified on the application.

(E) Renewal students shall have priority when establishing the rank order for awards.

(F) After renewal students, initial students who are members of a severely underrepresented minority ethnic group shall receive priority over members of other minority ethnic groups or students who are otherwise underrepresented in environmental fields when establishing the rank order for awards.

(G) Students who remain unfunded after awards have been made may be considered for an award in accordance with their rank order if funding becomes available.

(H) A student who has been denied a Minority and Underrepresented Environ-mental Literacy Program award for lack of satisfactory academic progress may not receive another Minority and Underrepresented Environmental Literacy Program award until the enrollment period after the applicable standard has once again been met.

(I) Minority and Underrepresented Environmental Literacy Program awards will be made for use during the normal academic year, but no funds for Minority and Underrepresented Environmental Literacy Program awards will be granted for use for summer terms.

(J) No Minority and Underrepresented Environmental Literacy Program award will be made retroactive to a previous academic year. A Minority and Underrepresented Environmental Literacy Program award will be made retroactive to a previous semester only upon the sole discretion of the department.

(K) Minority and Underrepresented Environmental Literacy Program awards will be issued only after certification of fulltime attendance of the student by the institution. For a student enrolled as part of a consortium agreement, the student must be considered to be enrolled full-time under the provisions of the consortium agreement to be certified.

(L) Only one-half (½) the annual Minority and Underrepresented Environmental Literacy Program award will be issued in a semester of that award year.

(M) The applicant’s award will be sent to the approved (N) An applicant’s failure to provide information requested by the department by the established deadlines may prevent the applicant from being considered for a Minority and Underrepresented Environmental Literacy Program award.

(O) The department has the discretion to withhold payments of any Minority and Underrepresented Environmental Literacy Program awards after initiating an inquiry into the eligibility or the continued eligibility of a student or into the approved status of an institution.

(P) A student may transfer the Minority and Underrepresented Environmental Literacy Program award from one (1) approved public or private institution to another without losing eligibility for assistance. The student must notify the department of the transfer.

(7) Information Sharing Policy. All information on an individual’s Minority and Underrepresented Environmental Literacy Program application will be shared with the financial aid office of the institution to which the individual has applied, or is attending, to permit verification of data submitted.

Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552, 552a.

History

• AUTHORITY: section 173.240, RSMo 2016. Original rule filed Feb. 17, 2011, effective Oct. 30, 2011. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Amended: Filed Jan. 29, 2019, effective July 30, 2019. Original authority: 173.240, RSMo 2010.

6 CSR 10-2.190 A+ Scholarship Program eligibility for student financial assistance under the A+ Scholarship (1) Definitions. {#sec-6-csr-10-2.190 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.190}

(A) Academic year shall be twenty-four (24) semester or trimester credit hours, thirty-six (36) quarter credit hours, or nine hundred (900) clock hours, and at least thirty (30) weeks of instructional time for a credit hour program or at least twentysix (26) weeks of instructional time for a clock hour program.

(B) A+ designated high school shall mean a high school that the Department of Elementary and Secondary Education has determined meets the requirements established in section 160.545, RSMo, and has been approved by the Board of Education for participation in the A+ Program.

(C) A+ Scholarship shall mean the tuition reimbursement program set forth in subsections 7. through 9. of section 160.545, RSMo.

(D) A+ tuition reimbursement shall mean an amount of money paid by the state of Missouri to a qualified student under the A+ Scholarship for costs related to tuition, general fees, and up to fifty percent (50%) of book costs, subject to state appropriations, after federal sources of funding have been applied.

(E) Award year shall be from July 1 of any year through June (F) CBHE shall mean the Coordinating Board for Higher Education created by section 173.005.2, RSMo.

(G) Department shall mean the Department of Higher Education created by section 173.005.1, RSMo.

(H) Eligible program shall mean a program offered by a participating A+ institution that leads to a certificate or degree, and that meets federal Title IV financial aid requirements as provided in 34 CFR 668.8 or that is a prerequisite for a program meeting that federal regulation.

(I) Federal sources of funding shall mean grant funds made available directly to students by the federal government and shall not include any funds that must be repaid, campus-based aid, or work-study funds.

(J) Full-time student shall mean a student who, regardless of the course delivery method, is enrolled in an eligible program in at least twelve (12) semester hours, eight (8) quarter hours, twenty-four (24) clock hours per week, or the equivalent in another measurement system for the fall and spring terms or at least six (6) semester hours, twenty-four (24) clock hours per week, or the equivalent in another measurement system for the summer term. If the institution in which the student is enrolled defines full-time as greater than any of these hourly thresholds for the program in which the student is enrolled, the institutional definition of full-time supersedes this definition. Provided, however, that an otherwise eligible student having a disability as defined by Title II of the Americans with Disabilities Act (42 U.S.C. 12101–12213) who, because of the student’s disability, is unable to satisfy the statutory minimum requirements for full-time status under federal student financial aid programs included in Title IV of the Higher Education Act of 1965 shall be considered to be enrolled full-time while carrying a minimum of six (6) credit hours or their equivalent at the approved institution.

(K) Good-faith effort to secure all federal sources of funding that could be applied to tuition reimbursement shall mean, by the deadline established by the department, being eligible to receive federal Title IV student financial aid and having completed the federal need-based aid application form as prescribed by the United States Department of Education (USDE), commonly known as the Free Application for Federal Student Aid (FAFSA), except— 1. For students whose parents refuse to provide financial information, the application form must, at a minimum, include the dependent student’s financial information; or 2. For students attending institutions that do not participate in the federal Title IV student financial aid programs and are therefore ineligible for federal Title IV student financial aid, completion of the predictor tool for federal Title IV student financial aid eligibility approved by the USDE, commonly known as the FAFSA4caster, is acceptable; or 3. For students in other circumstances the department may determine completion of the predictor tool for federal Title IV student financial aid eligibility approved by the USDE, commonly known as the FAFSA4caster, is acceptable.

(L) Initial recipient shall mean a student who qualifies under subsection 7. of section 160.545, RSMo, and this rule, and who has made a good-faith effort to secure all federal sources of funding that could be applied to tuition reimbursement, and has not received A+ tuition reimbursement in any prior award (M) Participating institution shall mean a Missouri public community college, a public vocational or technical school, or a two- (2-) year private vocational or technical school meeting the requirements set forth in subsection 9. of section 160.545, RSMo, that has entered into a participation agreement for the A+ Scholarship program with the department.

(N) Partnership shall mean a written agreement between two (2) or more institutions, at least one (1) of which must be an A+ participating institution, providing for the processing and delivery of A+ tuition reimbursement.

(O) Positive net disbursement shall mean the sum of all disbursements for a term less the sum of all funds returned for that term resulting in a difference that is greater than zero (0).

(P) Renewal recipient shall mean a student who received A+ tuition reimbursement, or whose A+ award was reduced to zero upon application of federal sources of funding, in a prior award year, qualifies under subsection 7. of section 160.545, RSMo, and who has made a good faith effort to secure all federal sources of funding that could be applied to tuition reimbursement.

(Q) Repeat coursework shall be any coursework for which the student has been assigned a grade under the institution’s standard grading policy, excluding coursework for which the student was placed in an incomplete or withdrawn status, in a previous term.

(R) Tuition and fees shall mean any charges to students classified as tuition and any institutional fees charged to all students, excluding program-specific fees.

(S) USDE shall mean the United States Department of Education.

(2) Responsibilities of Participating Institutions.

(A) Only institutions who have entered into a participation agreement with the department may receive reimbursement under the A+ Scholarship program.

(B) Participating institutions shall meet the following requirements:

1. Before requesting reimbursement for an initial recipient, verify the following:

A. The student has met the eligibility requirements listed in section (3) of this rule through collection of a high school transcript bearing the official A+ seal;

B. The student has met the cumulative grade point average (CGPA), satisfactory academic progress, and completion requirements referenced in paragraphs (3)(A)13.–14.;

C. The student is enrolled as a full-time student in an eligible program, except as provided in subsection (1)(J) of this

rule; and D. The student has made a good-faith effort to secure all federal sources of funding that could be applied to tuition reimbursement, except as provided in subsection (1)(K) of this 2. Before requesting reimbursement for a renewal recipient, verify the following:

A. The student is enrolled as a full-time student in an eligible program, except as provided in subsection (1)(J) of this B. The student has met the cumulative grade point average (CGPA), satisfactory academic progress, and completion requirements referenced in paragraphs (3)(B)2.–3. of this rule;

C. The student has made a good-faith effort to secure all federal sources of funding that could be applied to tuition, except as provided in subsection (1)(K) of this rule;

3. Comply with the institutional responsibilities required in section 6 CSR 10-2.140(5), with the exception of paragraph 6 CSR 10-2.140(5)(A)5.; and 4. Verify federal sources of funding are applied correctly to tuition, general fees, and up to fifty percent (50%) of book costs as specified in subsection (4)(N) of this rule.

(C) Partnerships must comply with the following:

1. Reimbursement will only be made to A+ participating institutions;

2. Reimbursement will only be made for coursework required for an eligible program and actually delivered by a participating institution;

3. Reimbursement may be requested by only one (1) participating institution as specified in the agreement and must be at a tuition rate consistent with the rate charged to other students enrolled in the course;

4. When a partnership includes only one (1) A+ participating institution, the student must be considered to be enrolled full time at the participating institution;

5. When two (2) or more A+ participating institutions are involved in a partnership, students must be enrolled in sufficient hours at a combination of the participating institutions to be considered to be enrolled full time as defined in this rule; and 6. Institutions entering into partnerships must provide to the department any requested documentation pertaining to the processing and delivery of A+ tuition reimbursements.

(3) Eligibility Policy.

(A) To qualify for A+ tuition reimbursement, an initial recipient must meet the following criteria:

1. Attend an A+ designated high school or high schools for at least two (2) years prior to graduation and graduate from an A+ designated high school. Enrollment during the two (2) years in which the student was in attendance at one (1) or more A+ designated high schools must total a minimum of eighty percent (80%) of the instructional days required by the high school from which the student graduates. Interruptions in enrollment cumulatively totaling no more than twenty percent (20%) of instructional days in the two (2) years in which the student was in attendance at one (1) or more A+ designated high schools may occur consecutively or intermittently;

2. Make a good faith effort to first secure all available federal sources of funding that could be applied to the A+ Scholarship reimbursement;

3. Be a U.S. citizen or permanent resident;

4. Enter into a written agreement with the A+ designated high school prior to high school graduation;

5. Graduate from an A+ designated high school with an overall grade point average of at least two and one-half (2.5) on a four-point (4.0) scale, or the equivalent on another scale;

6. Have at least a ninety-five percent (95%) attendance record overall for grades nine through twelve (9–12);

7. Have performed fifty (50) hours of unpaid tutoring or mentoring, of which up to twenty-five percent (25%) may include job shadowing, prior to high school graduation, except— A. When there are circumstances beyond a student’s control, the high school may extend the time period for completing this requirement on a case-by-case basis, not to exceed six (6) months beyond high school graduation;

8. Beginning with the high school senior class of 2015, meet one (1) of the following indicators of college preparedness, unless the A+ school district has met all of the Department of Elementary and Secondary Education’s (DESE) requirements for waiver of the Algebra I end-of-course exam for the recipient:

A. Have achieved a score of proficient or advanced on the official Algebra I end-of-course exam, or a higher level DESE approved end-of-course exam in the field of mathematics; or B. Meet other criteria established by the CBHE. The CBHE will develop these criteria in consultation with participating A+ institutions and A+ designated high schools and may revise these criteria annually;

9. Have maintained a record of good citizenship and avoidance of the unlawful use of drugs and/or alcohol while in grades nine through twelve (9–12). Student participation in the Constitution Project of Missouri may be included in a student’s record of good citizenship in accordance with the A+ designated high school’s policy;

10. Be admitted as a regular student, enroll in an eligible program, and attend on a full-time basis a participating institution, except that students in the following circumstances may be enrolled less than full time:

A. The student is enrolled in all of the available hours applicable to the student’s program of study in a given term;

B. The student is participating in a required internship;

C. The student is enrolled in prerequisite courses that do not require full-time enrollment;

11. Not be enrolled or intend to use the award to enroll in a course of study leading to a degree in theology or divinity;

12. Not have a criminal record preventing receipt of federal Title IV student financial aid;

13. Meet the institution’s definition of satisfactory academic progress as determined by the participating institution’s policies as applied to other students at the participating institution receiving assistance under federal Title IV student financial aid programs, with the exception of cumulative grade point average (CGPA). The student must achieve a minimum CGPA of two (2.0) on a four-point (4.0) scale, or the equivalent on another scale, at the end of the fall semester for semesterbased programs, or at the end of the initial payment period for non-semester based programs. The calculation of CGPA shall be based on the participating institution’s policies as applied to other students in similar circumstances; and 14. For students that receive a positive net disbursement in a given term, maintain eligibility by meeting the following course completion standards. A course is considered complete if the student earns a standard grade for the course, including a failing grade but excluding a grade at withdrawal prior to completion:

A. Complete a minimum of twelve (12) semester credit hours in the fall or spring semester, six (6) credit hours in the summer term, or the equivalent, for students enrolled full-time in an eligible credit hour program. Students unable to satisfy the statutory minimum requirements for full-time status under the federal Title IV student financial aid programs as a result of a disability as defined by Title II of the Americans with Disabilities Act must complete a minimum of six (6) credit hours, or the equivalent, in any term;

B. Complete a minimum of ninety percent (90%) of the clock hours required for the federal payment period, for students enrolled full-time in an eligible clock hour program;

C. Complete all of the hours in which the student is enrolled in a given term, for students enrolled less than fulltime in accordance with subparagraphs (3)(A)10.A.–C. of this (B) To qualify for tuition reimbursement under the A+ Scholarship program, a renewal recipient must meet the following criteria:

1. Be admitted as a regular student, enroll in an eligible program, and attend on a full-time basis a participating institution, except that students in the following circumstances may be enrolled less than full time:

A. The student is enrolled in all of the available hours applicable to the student’s program of study in a given term;

B. The student is participating in a required internship;

C. The student is enrolled in prerequisite courses that do not require full-time enrollment;

2. Meet the institution’s definition of satisfactory academic progress as determined by the participating institution’s policies as applied to other students at the participating institution receiving assistance under federal Title IV student financial aid programs, with the exception of cumulative grade point average (CGPA). The student must achieve a minimum CGPA of two and one-half (2.5) on a four-point (4.0) scale, or the equivalent on another scale. The calculation of CGPA shall be based on the participating institution’s policies as applied to other students in similar circumstances. The renewal recipient must have met these satisfactory academic progress and CGPA requirements through the term immediately before the term in which reimbursement is sought;

3. For students that receive a positive net disbursement in a given term, maintain eligibility by meeting the following course completion standards. A course is considered complete if the student earns a standard grade for the course, including a failing grade but excluding a grade at withdrawal prior to completion:

A. Complete a minimum of twelve (12) semester credit hours in the fall or spring semester, six (6) credit hours in the summer term, or the equivalent, for students enrolled fulltime in a credit hour program. Students unable to satisfy the statutory minimum requirements for full-time status under the federal Title IV student financial aid programs as a result of a disability as defined by Title II of the Americans with Disabilities Act must complete a minimum of six (6) credit hours, or the equivalent, in any term;

B. Complete a minimum of ninety percent (90%) of the clock hours required for the federal payment period, for students enrolled full-time in a clock hour program; or C. Complete all of the hours in which the student is enrolled in a given term, for students enrolled less than fulltime in accordance with subparagraphs (3)(A)10.A.–C. of this

rule; and 4. Make a good-faith effort to secure all federal sources of funding that could be applied to tuition before the award is disbursed, but no later than the deadline established by the CBHE.

(C) The department will review written appeals of its eligibility policy in the following circumstances:

1. The student failed to make a good-faith effort to secure all federal sources of funding that could be applied to tuition;

2. The student failed to meet the grade point average requirement as a result of a documented medical reason.

(4) Award Policy.

(A) A+ tuition reimbursement for institutions with credithour programs shall occur each semester within one (1) award (B) A+ tuition reimbursement for institutions with clock-hour programs shall be made in installments determined by the department annually.

(C) Student eligibility for the A+ Scholarship expires at the earliest of the following, except a student who is eligible at the beginning of a term may receive A+ tuition reimbursement for the full term in which the expiration criterion is met:

1. Forty-eight (48) months after high school graduation as documented on the high school transcript;

2. Receipt of an associate’s degree; or 3. Completion of one hundred five percent (105%) of the hours required for the eligible program in which the student is currently enrolled.

A. For a student seeking a first certificate or degree, calculation of the one hundred five percent (105%) shall include:

(I) All known hours completed at any participating A+ institution, including those earned as part of coursework designated as remedial or developmental or included in an ineligible program; and (II) All hours accepted in transfer by an A+ participating institution from an institution that is ineligible for A+ participation.

B. For a student seeking a first certificate or degree, calculation of the one hundred five percent (105%) shall not include:

(I) Postsecondary hours earned for work performed before high school graduation. Such hours shall include, but not be limited to, those earned through dual credit, dual enrollment, technical education articulation, Advanced Placement, or international baccalaureate programs; and (II) Hours earned at a postsecondary institution that is ineligible for A+ participation that are not accepted in transfer by an A+ participating institution.

C. For a student who has received a postsecondary certificate and enrolls in an eligible program leading to a related, higher-level certificate or degree, calculation of the one hundred five percent (105%) shall include:

(I) All hours that are applied toward the related, higher-level program; and (II) All known hours completed after receipt of the most recent certificate at any participating A+ institution, including those earned as part of coursework designated as remedial or developmental or included in an ineligible program; and (III) All hours completed after receipt of the most recent credential that are accepted in transfer from an institution that is ineligible for A+ participation.

D. For a student who has received a postsecondary certificate and enrolls in a program leading to a related, higherlevel certificate or degree, calculation of the one hundred five percent (105%) shall not include:

(I) Postsecondary hours earned for work performed before high school graduation. Such hours shall include, but not be limited to, those earned through dual credit, dual enrollment, technical education articulation, Advanced Placement, or international baccalaureate programs; and (II) All hours that are not applied toward the related, higher-level program; and (III) All hours completed at an institution that is ineligible for A+ participation after receipt of the most recent certificate that are not accepted in transfer by an A+ participating institution.

(D) If an initial recipient is unable to enroll or a renewal recipient ceases attendance for the purpose of providing active duty service in any branch of the armed forces of the United States, the eligibility of the student under paragraph (4)(C)1. of this rule that remains will be deferred for the period of the service as documented on the student’s DD214 form. The student must return to full-time status, or qualify for an exception to the full-time status requirement, within twelve (12) months of the end of military service and provide verification to the department that the military service was satisfactorily completed to retain eligibility. Calculation of the twelve (12) months will begin on the first of the month following the student’s discharge from service. The recipient’s eligibility under paragraph (4)(C)1. of this rule that remains will be calculated from the first day of the month following the student’s return to full-time status or other qualifying enrollment.

(E) For a student concurrently seeking more than one (1) certificate or degree in more than one (1) eligible program, reimbursement will be made to, and the calculation of the one hundred five percent (105%) eligibility limit will be made by, the institution providing the highest outcome, unless the student provides written notification specifying otherwise to all institutions in which the student is enrolled.

(F) Reimbursement will be as specified for the following categories of coursework required for an eligible program:

1. Completed coursework for which a grade is assigned under the institution’s standard grading policy, including remedial coursework and coursework assigned a grade of Incomplete, and that is required by the institution for the completion of a certificate or degree will be reimbursed;

2. Coursework from which the student officially or unofficially withdrew will be reimbursed, provided the withdrawal results in failure to meet the requirements defined in paragraph (3)(A)14. or (3)(B)3. of this rule;

3. Coursework for which a standard grade was not assigned, including, but not limited to, the following is not eligible for reimbursement:

A. Coursework from which the student officially or unofficially withdrew, provided the student continues to meet the requirements defined in paragraph (3)(A)14. or (3)(B)3. of this rule; or B. Coursework from which the student was terminated;

4. Institutions can use any of the following options to adjust a student’s award amount to exclude coursework that is not eligible for reimbursement:

A. Deduct the amount reimbursed for such coursework from subsequent reimbursement requests;

B. Omit such coursework from the current reimbursement request; or C. Return the amount reimbursed for such coursework in accordance with subsection 6 CSR 10-2.140(5)(C);

5. Repeat coursework will not be reimbursed; and 6. Coursework in an eligible program that is part of a higher level certificate or a degree that is taken after receipt of a certificate will be reimbursed provided that the certificate or degree is in a field related to the original certificate received.

(G) For a student that fully establishes eligibility by meeting the criteria established for that student’s graduating high school class in accordance with subparagraph (3)(A)8.B. of this

rule, reimbursement may be made for the term in which the student meets the criteria provided the student has established such eligibility prior to the institution’s submission of the reimbursement request to the department.

(H) The amount of the A+ tuition reimbursement must be calculated based on the remaining costs of actual tuition and fees after any federal sources of funding have been applied and any deductions have been made for reimbursement of coursework for which a standard grade was not assigned, including coursework from which the student officially or unofficially withdrew or was terminated.

(I) The amount of an A+ tuition reimbursement must be reduced by the amount of any federal sources of funding received by, or on behalf of, an initial or renewal recipient and, when applicable, any adjustments required in paragraph (4)

(F)3. of this rule.

(J) The amount of the A+ tuition reimbursement is subject to legislative appropriation.

(K) If the appropriated funds exceed the amount necessary to fund tuition and fees, up to fifty percent (50%) of book costs may be reimbursed.

(L) If insufficient funds are available to pay all eligible students the full amount of tuition and fees calculated in subsection (4)(H) of this rule, the department may take any of the following measures to address the shortfall in order to ensure the A+ tuition reimbursement does not exceed the appropriation:

1. Reduce the number of hours eligible for reimbursement;

2. If projections indicate that the measure cited above is inadequate to address the funding shortfall, the department shall, as soon as may practicably be accomplished, make available for public comment a plan containing at least two (2) options to ensure that total A+ tuition reimbursements do not exceed the appropriation. Such plan shall be distributed to all participating institutions and the department shall accept public comments on the plan for no less than thirty (30) days before publication in a CBHE board book. No plan for accommodating the additional shortfall shall be approved before it has been on the agenda of a regularly scheduled CBHE meeting and an opportunity for public comment at the CBHE meeting has been provided.

(M) The hourly tuition rate used to calculate the A+ tuition reimbursement shall not exceed the published standard per credit hour tuition rate charged by State Technical College of Missouri.

1. Institutions with high need programs that have tuition charges above this limit may apply to the department for a waiver of this requirement on a program-by-program basis.

2. The federal credit hour to clock hour conversion calculation will be applied to institutions with clock hour programs.

(N) Financial aid must be applied to tuition and general fees in the following order:

1. First, all available federal sources of funding; and 2. Second, A+ tuition reimbursement.

(O) Award amounts may be increased or decreased at the department’s discretion based on availability of funds for distribution during the award year.

(P) A student who has been denied A+ tuition reimbursement for lack of satisfactory academic progress may not receive another A+ tuition reimbursement until the enrollment period (Q) A student who has been denied A+ tuition reimbursement for failing to meet the requirements defined in paragraph (3)

(A)14. or (3)(B)3. of this rule may not receive another A+ tuition reimbursement until the enrollment period after the student successfully completes the remaining number of credit or clock hours required for the term in which the student lost eligibility.

(R) No A+ tuition reimbursement will be made retroactive to a previous award year. An A+ tuition reimbursement will be made retroactive to a previous semester or payment period only upon the sole discretion of the department.

(S) A+ tuition reimbursement will be made only after institutional certification of the student’s eligibility and the amount of the A+ tuition reimbursement.

(T) The applicant’s award will be sent to the approved (U) An eligible student’s failure to provide required information by the established deadlines may result in loss of the A+ Scholarship for the period covered by the deadline.

(V) The CBHE has the discretion to withhold payments of any A+ tuition reimbursements after initiating an inquiry into the eligibility or continued eligibility of a student or into the participation status of an institution.

(W) An eligible student may transfer the A+ Scholarship from one (1) participating institution to another without losing eligibility for assistance, but the department shall make any necessary adjustments in the amount of the award.

(5) Information Sharing Policy. All information on an individual’s A+ Scholarship application will be shared with the has applied, or is attending, to permit verification of data aid offices, if necessary, to verify data furnished by state or

Amended: Filed Sept. 14, 2016, effective March 30, 2017. Amended:

Filed Jan. 29, 2019, effective July 30, 2019. Amended: Filed Nov. 22, 2019, effective May 30, 2020. ** *Original authority: 160.545, RSMo 1993, amended 2002, 2008, 2009, 2010, 2014, 2015, 2016, 2018. **Pursuant to Executive Order 21-09, 6 CSR 10-2.190, paragraph (3)(A)7. and subparagraph (3)(A)8.A. was suspended from April 19, 2021 through December 31, 2021.

History

• AUTHORITY: section 160.545, RSMo Supp. 2019 and Executive Order 10-16, dated January 29, 2010. Original rule filed Feb. 17, 2011, effective Oct. 30, 2011. Amended: Filed Dec. 13, 2012, effective June 30, 2013. Amended: Filed Sept. 15, 2014, effective March 30, 2015. Amended: Filed Feb. 16, 2016, effective July 30, 2016.

6 CSR 10-2.195 Dual Credit/Dual Enrollment Scholarship Program eligibility for student financial assistance under the Dual Credit/ Dual Enrollment Scholarship program. {#sec-6-csr-10-2.195 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.195}

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions.

(A) Dual Credit/Dual Enrollment Scholarship shall mean the scholarship program set forth in section 173.2505, RSMo.

(B) Approved dual credit provider shall mean a boardapproved accredited Missouri higher education institution that provides dual credit courses as referenced in section 173.2500, (C) Approved dual enrollment provider shall mean any institution as defined in section 173.1102, RSMo.

(D) Award year shall be from July 1 of any year through June (E) CBHE shall mean the Coordinating Board for Higher Education created by section 173.005.2, RSMo.

(F) Department shall mean the Department of Higher 173.005.1, RSMo.

(G) Dual credit courses shall mean college-level coursework delivered by a postsecondary educational institution and taught in a Missouri high school by instructors with appropriate academic credentials to Missouri high school students earning high school and college credit simultaneously.

(H) Dual enrollment courses shall mean postsecondary courses of instruction delivered by an approved dual-enrollment provider in which a secondary school student is concurrently enrolled in a Missouri high school and the approved dualenrollment provider.

(I) Eligible coursework shall mean dual-credit or dualenrollment coursework provided by an approved dual-credit or dual-enrollment provider.

(J) Missouri residency, for the purpose of this rule, shall be determined by reference to the standards set forth in the determination of student residency rule, 6 CSR 10-3.010.

(K) Recipient shall mean a student whose eligibility has been verified by an approved institution in accordance with subsection (2)(A) of this rule and has been paid an award.

(L) Repeat coursework shall be any coursework for which the recipient has been assigned a grade under the institution’s standard grading policy, excluding coursework for which the recipient was placed in an incomplete or withdrawn status, in a previous term.

(M) Student shall mean a student who is applying for, or has applied for, a Dual Credit/Dual Enrollment Scholarship award.

(N) Tuition and fees shall mean any charges to students classified as tuition and any institutional fees charged to all dual-credit or dual-enrollment students, excluding coursespecific fees.

(2) Responsibilities of Approved Institutions.

(A) Before requesting payment for a student, verify the 1. The student is enrolled in eligible coursework;

2. The amount of the payment request, including the number of hours in which the student is enrolled and the credit-hour rate for those hours;

3. The student is a U.S. citizen or permanent resident; and 4. The student is a Missouri resident.

(B) Comply with the institutional responsibilities required in

section 6 CSR 10-2.140(5), with the exception of paragraph 6 CSR 10-2.140(5)(A)5.

(C) Verify all other sources of non-loan funding are applied correctly to tuition and general fees, as specified in subsection (5)(D) of this rule.

(3) Eligibility Policy.

(A) To qualify for an award, a student must meet the following criteria:

1. Be a U.S. citizen or permanent resident;

2. Be a Missouri resident;

3. Be enrolled in eligible coursework;

4. Have an unweighted cumulative high school gradepoint average of at least two and one-half (2.5) on a four-point (4.0) scale or the equivalent and have otherwise met the high school’s requirements for taking dual-credit or dual-enrollment coursework; and 5. Meet one or more of the following indicators of economic need:

A. Be individually eligible to be enrolled in a federal free or reduced-price lunch program, based on income levels established by the United States Department of Agriculture;

B. Reside in a foster home;

C. Be a ward of the state;

D. Be homeless as defined by Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act;

E. Receive through the immediate family lowincome public assistance, including but not limited to the Supplemental Nutrition Assistance Program (SNAP) or the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); or F. Live in federally subsidized public housing.

(4) Application and Evaluation.

(A) Students must submit a completed application by the following deadlines to be considered for this scholarship:

1. The priority deadline for the fall semester (August through December) shall be October 1 and for the spring semester (January through May) shall be February 1 of the current academic year. If the deadline falls on a non-business day, the deadline shall extend to the next business day;

2. The final deadline shall be December 1 for the fall semester and April 1 for the spring semester. If the deadline falls on a non-business day, the deadline shall extend to the next business day; and 3. Students filing after the priority deadline has passed and on or before the final deadline shall be considered for payment if funds are available.

(B) The department will evaluate each application to determine student eligibility.

(5) Award Policy.

(A) Payment shall occur each semester within one (1) award (B) Award amounts shall be equal to the tuition and fees paid by the student to enroll in eligible coursework.

(C) Repeat high school dual-credit or dual-enrollment coursework will not be paid.

(D) The payment amount must be calculated based on the remaining costs of actual tuition and fees after all other nonloan aid has been applied.

(E) Payment is subject to legislative appropriation.

(F) If funds are insufficient to pay all eligible students, the department will rank eligible students by earliest application received date, and will make awards according to rank order until all available funds for the semester are expended.

(G) Payment will be made for dual-credit or dual-enrollment coursework taken in the fall and spring semesters, but no payments will be made for such coursework taken in summer school.

(H) No payment will be made retroactive to a previous award (I) Payment will be made only after institutional certification of the student’s eligibility and award amount.

(J) The recipient’s award will be sent to the approved institution to be delivered to the student’s account.

(K) A student’s failure to provide required information by the established deadlines may result in loss of the Dual Credit/Dual Enrollment Scholarship for the period covered by the deadline.

(L) The CBHE has the discretion to withhold payments of any awards after initiating an inquiry into the eligibility or continued eligibility of a student or recipient.

(M) A recipient may receive an award from more than one (1) approved institution in a semester or award year.

(6) Information Sharing Policy. All information on an individual’s Dual Credit/Dual Enrollment Scholarship application may be shared with the financial aid office of the approved institution providing the individual’s dual-credit or dual-enrollment coursework to permit verification of data submitted. The department may share an individual’s information with federal financial aid offices, if necessary, to verify data furnished by state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552 and 552a.

Rescinded and readopted: Filed Feb. 9, 2023, effective Aug. 30, 2023. *Original authority: 173.2500, RSMo 2016, amended 2022, and 173.2505, RSMo 2016, amended 2022.

History

• AUTHORITY: sections 173.2500 and 173.2505, RSMo Supp. 2022. Original rule filed Aug. 27, 2021, effective March 30, 2022.

6 CSR 10-2.200 Minority Teaching Scholarship Program Minority Teaching Scholarship program. {#sec-6-csr-10-2.200 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.200}

(1) Definitions.

(A) Academic year shall be from July 1 of any year through (B) Applicant means a student who has filed a complete and accurate application to receive a Minority Teaching Scholarship award as prescribed by the Coordinating Board for Higher Education (CBHE) and who qualifies to receive such award under section 161.415, RSMo.

(C) Approved institution means any institution that offers a teacher education program approved by the Department of Elementary and Secondary Education or a Coordinating Board for Higher Education-approved Associate of Arts in Teaching (D) Award year shall be from July 1 of any year through June (E) CBHE means the Coordinating Board for Higher Education.

(F) Department means the Department of Higher Education (G) EFC means expected family contribution, the measure of how much the student and the student’s family can be expected to contribute to the cost of the student’s education for the year, as calculated annually by the United States Department of Education as a result of an official federal need analysis based on the student’s federal need-based aid application form.

(H) Expenses mean any educational-related expenses (I) Full-time student means an undergraduate student who is enrolled in at least twelve (12) semester hours, eight (8) quarter hours, or the equivalent in another measurement system, or a graduate student who is enrolled in at least nine (9) semester hours or the equivalent in another measurement system, but in either case not less than the respective number sufficient to secure the degree toward which the student is working in no more than the number of semesters, or their equivalent, normally required by the institution for the program in which the student is enrolled. Provided, however, that an otherwise eligible student having a disability as defined by Title II of the Americans with Disabilities Act (42 U.S.C. 12101–12213) who, because of the student’s disability, is unable to satisfy the statutory minimum requirements of full-time status under Title IV student aid programs shall be considered by the approved institution to be a full-time student and shall be considered to be making satisfactory academic progress, as defined in subsection (1)(P) of this rule, while carrying a minimum of six (6) credit hours or their equivalent at the approved institution.

(J) Gainful employment means any substantial gainful activity that exists in the national economy and is not limited to the recipient’s original occupation.

(K) Initial recipient means a student who qualifies under

section 161.415, RSMo, has filed an accurate and complete application by the deadline established by the department for the Minority Teaching Scholarship program, and has not received a Minority Teaching Scholarship award in any prior academic year.

(L) Minority teaching shall mean the Minority Teaching Scholarship program set forth in sections 161.415–161.424, (M) Minority teaching award shall mean an amount of money paid by the state of Missouri to a qualified applicant under the Minority Teaching Scholarship program.

(N) Renewal recipient means a student who received a Minority Teaching Scholarship award, who meets the requirements set forth in 161.415, RSMo, and who has filed an accurate and complete application by the deadline established by the department for the Minority Teaching Scholarship (O) Residency, for the purpose of this rule, shall be determined (P) Satisfactory academic progress shall be a cumulative (Q) Standardized test shall mean an accepted standardized test of academic ability including, but not limited to, the SAT, ACT, or SCAT.

(R) Temporary total disability shall mean a disability resulting from an injury or illness that renders a recipient unable to be engaged in gainful employment for a period of less than twelve (12) months from the date of such injury or illness.

(S) Total and permanent disability shall mean disability resulting from an injury or illness that renders a recipient unable to be engaged in gainful employment or attend an educational institution for a period of at least twelve (12) months from the date of such injury or illness and that is expected to continue for a long or indefinite period of time or to result in death.

(2) Responsibilities of Institutions of Postsecondary Education.

(A) Only institutions who have entered into a participation agreement with the department may receive disbursements under the Minority Teaching Scholarship program.

(B) Participating institutions shall meet the following requirements:

1. Meet the requirements set forth in subsection 161.415.3, RSMo, and 6 CSR 10-2.140 Institutional Eligibility for Student Participation;

2. Provide non-state matching funds of one thousand dollars ($1,000) per scholarship recipient to match one (1) dollar for every two (2) state dollars on terms no more restrictive than those established by the department with regard to the state award and notify the department of the maximum number of awards the institution will match;

3. Report annually to the department the number of scholarship recipients that will be matched. The department shall annually prescribe the time and method for filing this report;

4. Obtain the recipient’s notarized signature on the promissory note and return the promissory note to the department prior to disbursement of any state scholarship funds; and 5. Annually report to the department the enrollment status of all scholarship recipients until they graduate or withdraw from the institution. The department shall annually prescribe the time and method for filing this report.

(C) Institutions should report to the department the name of any enrolled recipient who ceases study leading to teacher certification within thirty (30) days of making this determination.

(3) Basic Eligibility Policy.

(A) Meet the requirements in section 173.1110, RSMo.

(B) Initial or renewal recipients, at the time of application and through the period the award is received, must meet the requirements set forth in section 161.415, RSMo.

(C) Initial recipients must have a high school rank at or above the seventy-fifth percentile at the time of graduation or as calculated at the end of the student’s sixth semester.

(4) Application and Evaluation Policy.

(A) The department shall annually prescribe the time and the Minority Teaching Scholarship program. It shall make announcement of its action in these respects.

(B) Students shall apply annually for financial assistance under the Minority Teaching Scholarship program by completing and submitting the application prescribed by the department and by completing and submitting the federal need-based aid application form prescribed by the United States Department of Education.

(C) At the time of application, applicants must— 1. Indicate their first, second, and third school choices;

2. Commit to complete a teacher education program designed to qualify the applicant for a Missouri teaching certificate within five (5) years from the date of first receiving funds under the Minority Teaching Scholarship program; and 3. Teach on a full-time basis for a period of five (5) years in a Missouri public elementary or secondary school after receiving a teaching certificate if the applicant is an undergraduate student. Graduate students must commit to teach math or science on a full-time basis for a period of five (5) years in a Missouri public elementary or secondary school after receiving a teaching certificate.

(D) The department will evaluate each student’s application for a minority teaching award and rank selected recipients based on the following criteria:

1. Participation in school or community activities;

2. Demonstrated leadership abilities;

3. Demonstrated academic success, including high school grade point average, high school class rank, and standardized test score; and 4. Financial need, as established by the student’s EFC as calculated by the Free Application for Federal Student Aid, if appropriations are not sufficient to fund all selected recipients, except the department may consider appeals to establish financial need using the EFC as calculated by the predictor tool for federal Title IV student financial aid eligibility approved by the USDE, commonly known as the FAFSA4caster, in exceptional circumstances.

(E) Selected recipients will be matched in rank order with their first institutional choice until all openings at an institution are filled. If all openings are filled at the selected recipient’s first institutional choice, the selected recipient will be matched at the second or third choice, respectively.

(F) Applicants will be notified of their eligibility status once recipients have been selected and awards have been determined. Notification of eligibility will also be sent to the student financial aid office at the approved institution where the student plans to enroll or has enrolled.

(5) Award Policy.

(A) Minority teaching awards shall be allotted for one (1) academic year.

(B) A renewal recipient may continue to receive a minority teaching award for a maximum of three (3) additional years, for a total of four (4) years, so long as the applicant meets the following criteria. Awards received as an undergraduate student are included in the four- (4-) year total for graduate students.

1. Maintains satisfactory academic progress; and 2. Otherwise meets the criteria of the Minority Teaching Scholarship program.

(C) Initial and renewal recipients who meet the eligibility requirements set forth in section 161.415, RSMo, and this

rule shall be eligible for a minority teaching award of three thousand dollars ($3,000) per academic year, comprised of a two thousand dollar ($2,000)-state award that will convert to a loan if the recipient fails to meet the program’s obligations, and a one thousand dollar ($1,000)-institutional award.

(D) A recipient who has been denied a minority teaching award for lack of satisfactory academic progress may not receive another minority teaching award until the enrollment period after the applicable standard has once again been met.

(E) Minority teaching awards will be made for use during the normal academic year, but no funds for minority teaching awards will be granted for use for summer school.

(F) No minority teaching awards will be made retroactive to a previous academic year. A minority teaching award will be made retroactive to a previous semester only upon the sole discretion of the department.

(G) Minority teaching awards will only be made after certification of full-time attendance of the student by the institution and receipt of the signed and notarized promissory note by the department. For a student eligible as part of a consortium agreement, the student must be considered to be enrolled full-time for purposes of federal student aid.

(H) Only one-half (1/2) of the annual minority teaching award will be issued in a semester of that award year.

(I) The applicant’s award will be sent to the approved (J) An applicant’s failure to provide required information by the established deadlines may result in loss of the minority teaching award.

(K) The CBHE has the discretion to withhold payments of any minority teaching awards after initiating an inquiry into the eligibility of a recipient or into the approved status of an (L) A student may transfer from one (1) approved institution to another without losing eligibility for assistance under the Minority Teaching Scholarship program, as long as the institution to which the student is transferring is able to match the student’s state award. The student must notify the department immediately of the transfer.

(6) Scholarship Forgiveness and Deferment Policy.

(A) For each year, up to five (5) years, the recipient teaches in a Missouri public elementary or secondary school, one-fifth (1/5) of the amount of the state scholarship received shall be applied against the total amount of the state scholarship and shall not be subject to repayment.

(B) The employer shall annually provide certification to the department the recipient holds a qualifying teaching position.

(C) Recipients shall defer repayment if their qualified employment is interrupted for one (1) of the following reasons:

1. Enrollment in full-time graduate study as certified at least annually by the institution in which the recipient is enrolled;

2. Request and receipt of medical leave as certified by the recipient’s employer for a medical need certified by the recipient’s physician;

3. Service in any branch of the armed forces of the United States;

4. Teaching in areas defined as critical need by the State Board of Education; or 5. A temporary total disability resulting from an injury or illness that renders the recipient unable to teach in any subject area for which the recipient is certified. The recipient’s physician must certify the nature of the disability, the date the disability began, and the expected duration of the recovery period, not to exceed twelve (12) months.

(D) The deferment of repayment shall begin on the date the recipient ceases to teach. The recipient must notify the department at the beginning and end of the interruption in employment and provide any requested supporting documentation. The recipient must also return to a qualified teaching position following the interruption.

(E) Recipients must promptly report to the department any change of mailing address.

(7) Repayment Policy.

(A) Recipients must notify the department within thirty (30) days of a change in enrollment status or employment that would trigger repayment.

(B) Recipients must promptly report to the department any change of mailing address.

(C) The scholarship shall convert to a loan and the recipient shall repay the scholarship funds received from the state with interest at a rate of nine and one-half percent (9.5%) charged on the unpaid balance of the amount received if the recipient— 1. Ceases study leading to teacher certification for any reason including, but not limited to, the following. Interest shall accrue from the date the recipient ceased study leading to teacher certification until the outstanding balance of principal and interest has been paid in full.

A. Change of career goal as evidenced by the nature of the postsecondary courses selected;

B. Withdrawal from approved postsecondary institutions;

C. Dismissal, suspension, or expulsion from a participating postsecondary institution for any reason; or D. Less than full-time enrollment in a program leading to certification to teach in a Missouri public elementary or secondary school, except less than full-time enrollment during summer terms shall not trigger repayment;

2. Fails to receive a teaching certificate within six (6) months of graduation from an approved institution. Interest shall accrue from the date of graduation until the outstanding balance of principal and interest has been paid in full;

3. Fails to be hired for or accept a full-time teaching position in a Missouri public elementary or secondary school within ten (10) months of receiving certification to teach in such a school.

Interest shall accrue from the date teacher certification was issued until the outstanding balance of principal and interest has been paid in full; or 4. Fails to teach in a Missouri public elementary or secondary school on a full-time basis for a period of five (5) consecutive years after receipt of a degree, except as provided in subsection (6)(C) of this rule. Interest shall accrue from the date the recipient ceases to teach until the outstanding balance of principal and interest has been paid in full.

(D) The department shall mail a repayment schedule to the recipient.

1. The repayment schedule shall be based on a ten- (10-) year repayment plan.

2. The payment amount will vary depending on the total amount received plus accrued interest. Under no circumstances shall the minimum monthly payment be less than fifty dollars ($50) or the minimum annual payment be less than six hundred dollars ($600).

3. The recipient shall make the first payment no later than the last day of the month in which the repayment schedule is dated.

(E) Payments shall be applied first to accrued interest with any remaining amount applied to principal.

(F) Recipients shall not be subject to penalty for early repayment.

(G) Recipients may defer principal and interest payments for a period approved by the department for the following reasons:

1. Enrollment in full-time study as certified at least annually by the institution in which the recipient is enrolled.

The deferment shall be initiated on the date the recipient begins full-time enrollment;

2. Medical need as certified by the recipient’s physician;

3. Service in any branch of the armed forces of the United States; or 4. A temporary total disability. The recipient’s physician must certify the nature of the disability, the date the disability began, and the expected duration of the recovery period.

(H) The recipients must notify the department at the beginning and end of the deferment period and submit to the department any requested supporting documentation.

(I) Interest will not accrue during a deferment period.

(J) Payments made during a deferment period will be applied first to any interest accrued prior to the deferment period and then to principal.

(K) A recipient’s account will be in a default status when the recipient has failed to make three (3) consecutive, scheduled payments.

1. Upon default, principal and interest are due in full within one (1) year of default.

2. The department will notify the recipient of the default status by certified mail sent to the recipient’s last known mailing address.

3. The recipient shall have thirty (30) days from the date of the certified notice to make satisfactory repayment arrangements.

(L) A recipient may remove the account from default status by making three (3) consecutive, on-time payments that are at least the minimum amount provided on the repayment schedule.

(M) All loans in repayment, deferment, or default status will be monitored. All available legal remedies may be pursued to ensure full repayment of loans.

(N) In the event a recipient becomes totally and permanently disabled as certified by a physician, the requirements of the recipient to make any further payment of principal and interest will be cancelled immediately upon approval of the request for cancellation. The recipient must apply to the department for loan cancellation and provide any requested supporting documentation.

(8) Information Sharing Policy. All information on an individual’s minority teaching application will be shared with the financial aid office of the institution to which the individual has applied, or is attending, to permit verification of data submitted.

Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552, 552a.

History

• AUTHORITY: section 161.415, RSMo Supp. 2013. Original rule filed June 15, 2011, effective Dec. 30, 2011. Amended: Filed June 15, 2016, effective Nov. 30, 2016. Original authority: 161.415, RSMo 1990, amended 1996, 2010.

6 CSR 10-2.210 Fast Track Workforce Incentive Grant Board for Higher Education regarding student and institutional participation in the Fast Track Workforce Incentive Grant. {#sec-6-csr-10-2.210 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.210}

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions.

(A) Academic year shall be twenty-four (24) semester or trimester credit hours, thirty-six (36) quarter credit hours, or nine hundred (900) clock hours, and at least thirty (30) weeks of instructional time for a credit-hour program or at least twentysix (26) weeks of instructional time for a clock-hour program.

(B) Active apprentice status shall mean formal participation in an apprenticeship that meets any related requirements as defined by the organization providing the apprenticeship or the United States Department of Labor.

(C) At least half-time student shall mean a student who, regardless of the course delivery method, is enrolled in an eligible program at an approved institution in at least six (6) semester hours, four (4) quarter hours, twelve (12) scheduled clock hours per week, or the equivalent in another measurement system for the fall and spring terms or at least three (3) semester hours, two (2) quarter hours, twelve (12) scheduled clock hours per week, or the equivalent in another measurement system for the summer term. Any student enrolled in a program consisting of less than three hundred (300) clock hours and that is identified by the approved institution as non-credit, and any eligible apprentice participating in an eligible apprenticeship, shall be considered as meeting this definition.

(D) Applicant means a student or apprentice who filed a complete and accurate application to receive a Fast Track Workforce Incentive Grant award as prescribed by the Coordinating Board for Higher Education (CBHE) and who qualifies to receive such award under section 173.2553, RSMo, and this rule.

(E) Approved institution means any institution located in the state of Missouri that meets the requirements set forth in sections 173.1102(2), (3), or (4), RSMo, that is approved under 6 CSR 10-2.140, and that is approved to participate in the federal student financial assistance programs created in Title IV of the Higher Education Act of 1965, as amended.

(F) Award year shall be from July 1 of any year through June (G) Board shall mean the CBHE created by section 173.005, (H) Credit hour shall mean an amount of student work defined by an institution, as approved by the institution’s accrediting agency or state approval agency that is consistent with commonly accepted practice in postsecondary education and that meets the requirements in 34 CFR 600.2.

(I) Clock hour shall mean a period of time that meets the requirements in 34 CFR 600.2.

(J) Department shall mean the Department of Higher 173.005, RSMo.

(K) Eligible apprentice shall mean an individual who meets the eligibility requirements in section (3) of this rule and is participating in an eligible apprenticeship.

(L) Eligible apprenticeship shall mean a United States Department of Labor-approved apprenticeship, as defined under 29 CFR 29, conducted within the state of Missouri that prepares a participant to enter employment in an area of occupational shortage as determined by the board.

(M) Eligible program shall mean a program of instruction that results in the award of a certificate, undergraduate degree, or other industry-recognized credential and that is designated by the board as preparing students to enter an area of occupational shortage as determined by the board.

(N) Eligible student shall mean an individual who meets the eligibility requirements in section (3) of this rule and is enrolled or plans to enroll at least half-time as a student in an eligible undergraduate program of study offered by an approved institution or eligible training provider.

(O) Eligible training provider shall mean a training organization or an apprenticeship employer located in Missouri and listed in the state of Missouri’s Eligible Training Provider System maintained by the Office of Workforce Development in (P) Expenses mean any direct or indirect charges including but not limited to tuition, fees, books, supplies, and room and board, for educational-related expenses up to the cost of attendance.

(Q) Full-time employment shall mean full-time employment as defined by the employer or thirty (30) hours within a fixed and regularly recurring seven- (7-) day period, whichever is greater.

(R) Governmental sources of funding shall mean federal, state, and any other governmental grant or scholarship aid excluding federal work-study and aid classified as a loan and any other aid that can be converted to a loan.

(S) Income shall mean the amount identified as the federal family Adjusted Gross Income on the most recent Missouri 1040 tax return, the most recent federal 1040 tax return for active duty members of the military or their spouses, or other tax documentation the department determines is acceptable to document the federal family Adjusted Gross Income.

(T) Initial recipient shall mean a student who is an eligible student, or eligible apprentice as defined in section 173.2553.2(3), RSMo, and has not received a Fast Track award in any prior award year.

(U) Instructional hour shall mean an amount of student or apprentice classroom work that does not meet the federal credit or clock hour definitions in 34 CFR 600.2 and that is defined by an institution.

(V) Participating provider shall mean an approved institution or eligible training provider that has a complete Fast Track participation agreement on file with the department.

(W) Payment period means a subset of the academic year or award year for which a recipient can receive a Fast Track grant.

For federal Title IV-eligible programs, Fast Track payment periods shall meet federal payment period standards. For non- Title IV-eligible programs, Fast Track payment periods shall be— 1. For credit programs greater than an academic year in length where the remainder of the final year of the program is greater than one-half (1/2) of an academic year, each full academic year shall consist of two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the academic year. The remainder of the credit or clock hours in the program shall be divided equally into two (2) payment periods. If the division of the remainder of credit or clock hours in the program is unequal, the first of the two (2) payment periods shall be the larger;

2. For credit programs greater than an academic year, where the remainder of the final year of the program is less than one-half (1/2) of an academic year, each full academic year shall consist of two (2) payment periods, each equaling onehalf (1/2) of the credit or clock hours in the academic year. The remainder of the credit or clock hours in the program shall be included in a single, final payment period;

3. For non-credit programs one (1) academic year in length, there shall be two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the program. If the division of the credit or clock hours in the program is unequal, the first of the two (2) payment periods shall be larger;

4. For non-credit programs that are four hundred and fifty (450) clock hours or twelve (12) credit hours in length and less than one (1) academic year in length, there shall be two (2) payment periods, each equaling one-half (1/2) of the credit or clock hours in the program. If the division of the credit or clock hours in the program is unequal, the first of the two (2) payment periods shall be larger;

5. For non-credit programs less than four hundred fifty (450) clock hours or twelve (12) credit hours in length, there shall be a single payment period equaling all of the credit or clock hours in the program; and 6. For apprenticeship programs, awards for related educational costs will be provided based on documentation from the apprenticeship provider.

(X) Private two- (2-) year institution shall mean any nonpublic institution offering no program above the associate degree level.

(Y) Provider shall mean an approved institution or eligible training provider.

(Z) Qualifying employment shall mean full-time employment of a Missouri resident at a workplace located within the state of Missouri, or self-employment while a Missouri resident with at least fifty (50) percent of an individual’s annual income coming from self-employment, either of which result in required returns of income in accordance with section 143.481, RSMo.

(AA) Recipient shall mean an eligible initial or renewal student or an eligible initial or renewal apprentice who received a Fast Track grant.

(BB) Related educational costs shall mean direct costs incurred by an individual as part of an eligible apprenticeship program, including but not limited to tools, books, and uniforms.

(CC) Renewal recipient shall mean a student who is an eligible student or eligible apprentice as defined in section 173.2553.2(3), RSMo, and received a Fast Track award in a prior award year.

(DD) Residency, for the purpose of this rule, shall be determined by reference to the standards set forth in 6 CSR 10- 3.010, Determination of Student Residency.

(EE) Satisfactory academic progress shall be a cumulative grade-point average (CGPA) of at least two and one-half (2.5) and, with the exception of grade-point average, as otherwise Education Act of 1965. The calculation of CGPA shall be based on the approved institution’s policies as applied to other students in similar circumstances. Students enrolled in programs that use a pass/fail grading system are not subject to the CGPA requirement but must still meet the institution’s academic progress policy cited above. For programs for which a CGPA is not calculated or progress monitored, institutional polices relating to performance and/or completion shall be considered to meet this definition.

(FF) Training hour shall mean an amount of student or apprentice on-the-job training or other training that does not meet the definition of a credit hour, clock hour, or instructional hour.

(GG) Tuition and fees shall mean any charges to students classified as tuition, any institutional fees charged to all students, and program-specific fees charged to all students in that program, excluding any course-specific fees.

(2) Responsibilities of Providers.

(A) Before requesting disbursement for an initial or renewal recipient, verify— 1. The recipient has met the eligibility requirements listed in section (3) of this rule; and 2. Governmental sources of funding are applied correctly to tuition and fees as specified in subsection (5)(F) of this rule.

(B) Before requesting disbursement for a renewal student, approved institutions and eligible training providers must verify the student meets the definition of satisfactory academic progress.

(C) Verify each applicant’s eligibility by transmitting the applicant’s payment request to the department by 5 p.m. of the final business day of the second week of June. The verification must occur not more than ten (10) business days before the provider transmits the applicant’s payment request to the department. Funds must be delivered not more than ten (10) business days after this verification or eligibility must be reconfirmed by the provider before delivery.

(D) Before the provider delivers the Fast Track grant funds to an applicant, the provider must require the applicant to provide affirmative proof that the applicant is a United States (U.S.) citizen or permanent resident of the U.S. in accordance with sections 173.2553.2(3)(a) and 173.2553.2(6)(b), RSMo. Applicants who are U.S. citizens or permanent residents of the U.S. need only provide this proof before the first time they receive an award and shall not be required to provide it before they receive subsequent awards. Applicants who are not U.S. citizens or permanent residents of the U.S. must present affirmative proof annually.

(E) When the provider receives the funds for the Fast Track awards made by the CBHE, the provider must— 1. Deliver the Fast Track grant funds to the award recipient in the amount determined by the CBHE using the provider’s standard award delivery procedures. The recipient’s award is sent to the provider to deliver to the recipient’s account. The provider shall retain the portion of the Fast Track award that the recipient owes to that provider for expenses, and promptly give the recipient any remaining funds;

2. Return the recipient’s award to the CBHE within thirty (30) days of learning the recipient is no longer eligible to receive an award, if this is determined prior to the delivery of funds to the recipient; and 3. Be responsible for the repayment of any funds sent to it by the CBHE within thirty (30) days of learning any of the A. The provider delivered funds to an ineligible applicant if the award was based on erroneous, improper, or misleading information provided by the provider to the CBHE; or B. The provider delivered the funds to a person other than the one to whom the CBHE has directed the funds be delivered; or C. The award amount for the recipient exceeded the maximum amount for which the recipient was eligible.

(F) The CBHE may refuse to make Fast Track awards to applicants receiving training from providers that fail to make timely refunds to the CBHE as provided in this section.

(G) Approved institutions must comply with 6 CSR 10-2.140 Institutional Eligibility for Student Participation.

(3) Eligibility Policy.

(A) To qualify for a Fast Track award, an initial recipient, at the time of application and throughout the period during which the recipient receives the award, must meet the requirements set forth in sections 173.2553.2(3) and (6), RSMo.

(B) To qualify for a Fast Track award, a renewal student must – 1. Continue to meet the initial eligibility requirements;

2. Meet the Satisfactory Academic Progress Policy as defined in this rule, except that, at the discretion of the participating institution, the CGPA requirement of the Satisfactory Academic Progress Policy may be waived for one (1) term.

(C) To qualify for a Fast Track award, a renewal apprentice must— 1. Continue to meet the initial eligibility requirements;

2. Maintain active apprentice status.

(4) Application and Evaluation Policy.

(A) Students and apprentices shall apply annually for financial assistance under the Fast Track Workforce Incentive Grant program by completing and submitting the Fast Track application and all required documentation, including but not limited to income documentation.

(B) The department may require the student and the student’s spouse to execute forms of consent authorizing the director of revenue to compare financial information submitted by the applicant with the Missouri individual income tax returns of the applicant and the applicant’s spouse for the taxable year immediately preceding the year for which application is made, and to report any discrepancies to the department.

(5) Award Policy.

(A) Fast Track awards for eligible students shall be made by payment period. With the exception of the first payment period of an award year, the current payment period must be completed before funds can be requested for the next payment period.

(B) Fast Track awards for eligible apprentices shall be made in one (1) or more lump sum requests for costs incurred in each award year.

1. Subject to department approval, subsequent requests in an award year may, in special circumstances, include costs previously covered, such as replacements for stolen or damaged items.

2. The apprenticeship provider must submit documentation supporting the reason for and amount of the subsequent request.

(C) To receive an award, an initial or renewal recipient must submit all required documentation to the department.

(D) Eligibility for the Fast Track Workforce Incentive Grant expires at the earliest of the following, except a student or apprentice who is eligible at the beginning of a payment period may receive the Fast Track award for the full payment period in which the expiration criterion is met:

1. Receipt of the grant for four (4) full-time semesters. For purposes of Fast Track eligibility, four (4) semesters means sixty (60) semester credit hours, ninety (90) quarter credit hours, or one thousand eight hundred (1,800) clock hours for an eligible student, or up to forty-eight (48) months for an eligible apprentice. An eligible student’s remaining eligibility will be calculated as a percent by dividing the number of hours for which a recipient receives a Fast Track payment by the respective maximum number of hours in that measurement system. Once that calculation results in a percentage of one hundred (100) or more, the individual’s eligibility has expired;

2. Receipt of a bachelor’s degree; or 3. For an eligible student, reaching two hundred percent (200%) of the academic time, measured in the time typically required to complete the program of study in which the student is currently enrolled as included in an official publication of the institution.

(E) For eligible students, for each payment period, the amount of the Fast Track award must be calculated based on the remaining costs of actual tuition and fees after any other governmental sources of funding are applied. When the calculation results in a zero (0) award the amount of the award shall be the lesser of the remaining cost of attendance as calculated by the institution after all non-loan student aid has been applied or five hundred dollars ($500). The five hundred dollar ($500) award, when applicable, will be made regardless of whether the student is enrolled full- or part-time.

(F) For eligible apprentices, the award is equal to the related educational costs incurred in the award year for which the apprentice applied after all other governmental sources of funding are applied and may include costs for testing incurred between the beginning and ending dates of an eligible apprenticeship, regardless of when the testing occurs.

(G) Apprenticeship providers must maintain documentation supporting the amount of each related educational charge and provide that documentation to the department upon request.

(H) Fast Track awards shall not include costs for continuing education units.

(I) For eligible apprentices, awards for the award year in which the apprenticeship ends may be requested within thirty (30) days of the apprenticeship end date if the request is to be made no later than two (2) weeks before the June 30 end of the state fiscal year.

(J) The timing of application and payments that cross over award years shall be dependent on the beginning and ending dates of the payment period or apprenticeship.

1. For payment periods or apprenticeships that begin on or after June 15 of one award year and end on or after July 1 of the following award year, the eligible student or eligible apprentice must apply for, and the provider must request, the funds in that upcoming award year.

2. For payment periods or apprenticeships that begin before June 15 of one award year and end on or after July 1 of the following award year, the eligible student or eligible apprentice may apply for, and the provider must request, the funds in either the current or upcoming award year, provided that an application and request made in the current award year occurs no less than two (2) weeks before June 30.

3. For payment periods or apprenticeships that begin after July 1 and end on or before June 30, the eligible student or eligible apprentice must apply for, and the provider must request, funds in that award year, provided that the request occurs no less than two (2) weeks before June 30.

(K) If insufficient funds are available to pay all eligible applicants, renewal applicants shall be given priority until all funds are expended. If funds are insufficient to pay all renewal applicants or to pay all initial applicants after all renewal applicants are paid, individuals with the earliest Fast Track application submission date shall be given priority.

(L) Financial aid must be applied to tuition and general fees for eligible students or related educational costs for eligible apprentices in the following order:

1. All other available governmental sources of funding;

2. The Fast Track award.

(M) To be eligible for a Fast Track award, the student or apprentice must apply for and accept all governmental sources of funding for which he or she is eligible at the institution in which he or she is enrolled or at the eligible training provider from which he or she is receiving training.

(N) Recipients shall remain eligible for an award when pursuing a subsequent credential or eligible apprenticeship.

Recipients shall only receive an award for one (1) Fast Track eligible program or eligible apprenticeship at a time.

(O) A student who is denied a Fast Track award for lack of satisfactory academic progress may not receive another Fast Track award until the enrollment period after the applicable standard has once again been met.

(P) No Fast Track award will be made retroactive to a previous award year. A Fast Track award will be made retroactive to a previous payment period within the current award year only upon the sole discretion of the department.

(Q) A Fast Track award will be made only after certification of the student’s eligibility and award components by an approved institution or eligible training provider.

(R) Failure of an eligible student or eligible apprentice to provide required information by an established deadline may result in loss of the Fast Track Workforce Incentive Grant for the period covered by the deadline.

(S) Renewal recipients enrolled or participating in programs that have not been renewed as eligible programs by the board shall continue to be eligible for the Fast Track Workforce Incentive Grant until they have completed the program or (6/30/26) Denny Hoskins apprenticeship.

(T) An eligible student may transfer the Fast Track Workforce Incentive Grant from one (1) participating institution or eligible training provider to another, and an eligible apprentice may transfer the Fast Track Workforce Incentive Grant from one (1) eligible training provider to another, without losing eligibility for assistance, but the department shall make any necessary adjustments in the amount of the award.

(6) Information Sharing Policy.

(A) All information on an individual’s Fast Track application will be shared with the financial aid office of the institution to which the individual has applied or is attending, to permit verification of data submitted. Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments as provided for in the Privacy Act of 1974, 5 U.S.C. sections 552 and 552a.

(7) The definitions of credit hour, clock hour, and instructional hour as stated in 34 CFR 600.2 are hereby incorporated by reference as if fully set forth herein as published by the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401-0001, and available at https:// www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-600/

subpart-A/section-600.2, on February 9, 2023. This rule does not incorporate any subsequent amendments or additions.

History

• AUTHORITY: sections 173.2553, RSMo Supp. 2022. Original rule filed Dec. 23, 2019, effective June 30, 2020. Rescinded and readopted: Filed Feb. 9, 2023, effective Aug. 30, 2023. Original authority: 173.2553, RSMo 2019.

6 CSR 10-2.220 Public Safety Recruitment and Retention Scholarship eligibility for student financial assistance under the Public Safety Recruitment and Retention Scholarship program. {#sec-6-csr-10-2.220 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-2.220}

(1) Definitions.

(A) Academic year shall be from July 1 of any year through (B) Applicant means a student who has filed a complete and accurate application by December 15 to receive a Public Safety Recruitment and Retention Scholarship as prescribed by the department.

(C) Application deadline shall be December 15 for applicants intending to enroll in the upcoming academic year.

(D) Department shall mean the Department of Higher Education and Workforce Development.

(E) Governmental sources of funding shall mean federal, state, and any other governmental grant or scholarship aid excluding federal work-study and aid classified as a loan and any other aid that can be converted to a loan.

(F) Initial recipient shall mean any applicant who qualifies under section 173.2655, RSMo, has filed an accurate and complete application by the deadline of December 15, and has not received a Public Safety Recruitment and Retention Scholarship in any prior academic year.

(G) Institution of higher education shall mean a public community college, state college, or state university located in Missouri as defined in section 173.1102, RSMo; or an approved private institution, as such term is defined in section 173.1102, RSMo, that chooses to accept any tuition award money pursuant to section 173.2655.7(2), RSMo; or an emergency medical services training entity accredited or certified by the Missouri Department of Health and Senior Services pursuant to the provisions of section 190.131, RSMo.

(H) Legal dependent shall mean a biological child, stepchild, or adopted child consistent with how such term is defined by the United States Department of Education for purposes of the Free Application for Student Financial Aid.

(I) Line of duty shall mean any action that public safety personnel is authorized or obligated by law, rule, or regulation to perform, related to or as a condition of employment or service.

(J) Open seat shall mean a vacant position in a class, course, or program that is available for enrollment, and which may become available when a student drops out or transfers, or when a class, course, or program has unused capacity, allowing new students to register or enroll.

(K) Public safety personnel shall mean any police officer, firefighter, paramedic, telecommunicator first responder, emergency medical technician, or advanced emergency medical technician who is trained and authorized by law or

rule to render emergency medical assistance or treatment as further defined below.

1. Advanced emergency medical technician, as such term is defined in section 190.100, RSMo.

2. Emergency medical technician, as such term is defined in section 190.100, RSMo.

3. Firefighter, any officer or employee of a fire department who is employed for the purpose of fighting fires, excluding volunteer firefighters and anyone employed in a clerical or other capacity not involving fire-fighting duties.

4. Paramedic, as such term is defined in section 190.100, 5. Police officer, any person who, by virtue of office or public employment, is vested by law with the power and duty to make arrests for violation of the laws of the state of Missouri or ordinances of any municipality thereof, while acting within the scope of his or her authority as an employee of a public law enforcement agency, as such term is defined in section 590.1040, RSMo.

5. Telecommunicator first responder, as such term is defined in section 650.320, RSMo.

(L) Renewal recipient shall mean any applicant who received a Public Safety Recruitment and Retention Scholarship, meets the requirements set forth in section 173.2655, RSMo, meets the institution’s requirements for satisfactory academic progress, and has filed an accurate and complete application by the deadline of December 15.

(M) Satisfactory academic progress shall mean meeting the included in the Higher Education Act of 1965. For institutions that do not administer federal student aid, students must be completing coursework on a time frame that will result in graduation within the expected time frame.

(N) Tuition shall mean the charges and cost of tuition as set by the governing body of an institution of higher education, including fees such as course fees, activity fees, technology fees, and mandatory fees charged by such institution to all full-time students as a condition of enrollment, but excluding the costs of room, board, books, and any other educational materials, equipment, or supplies.

(2) Responsibilities of Education Providers.

(A) Institutions and training providers participating in the program must meet the institutional responsibilities set forth in 6 CSR 10-2.140(5).

(B) Before requesting disbursement for an initial or renewal recipient, the enrolling institution must verify— 1. The recipient has met the eligibility requirements listed in section (3) of this rule;

2. The amount of the reimbursement request, including the number of hours in which the eligible student is enrolled and the credit hour rate for those hours;

3. The eligible student is a U.S. citizen, permanent resident, or lawfully present in accordance with section 173.1110, RSMo;

4. The recipient is enrolled in an eligible program, as defined in section 173.2655, RSMo, and as outlined by the Coordinating Board for Higher Education; and 5. Governmental sources of non-loan aid are applied correctly to tuition and fees.

(3) Eligibility Policy.

(A) To qualify for a Public Safety Recruitment and Retention Scholarship, an initial and renewal recipient, at the time of application and throughout the period during which the recipient receives the award, must meet the requirements set forth in section 173.2655, RSMo.

(4) Application and Evaluation Policy.

(A) Applicants must submit a completed application by December 15 annually to be considered for the upcoming academic year, which begins on July 1 of the following calendar year for the Public Safety Recruitment and Retention Scholarship.

(B) In addition to the application, the public safety personnel must submit the following annually to be considered for the scholarship:

1. Verification of the professional license or certificate;

2. Certificate of verification signed by the individual’s supervisor or employer verifying that such individual is currently employed full-time as public safety personnel and trained and authorized by law or rule to render emergency medical assistance or treatment;

3. Proof of Missouri residence, as outlined by the Department of Revenue to determine Missouri residence for a drivers license, which may include but is not limited to utility bills, federal/state/local government documents, financial documents, insurance policies/medical documents, educational/ professional licensing documents; and 4. Initial recipients must provide documentation showing proof of service as public safety personnel for at least six (6) years from all eligible employers; this can include full-time employment, but excludes volunteer service.

(C) In addition to the application, the legal dependent(s) of public safety personnel must submit the following annually to be considered for the scholarship:

1. Verification of the professional license or certificate of the parent, who is a public safety personnel and claims the applicant as a dependent on the Free Application for Federal Student Aid, as defined by the United States Department of Education;

2. Certificate of verification signed by the supervisor or employer of the parent verifying that such individual is currently employed full-time as public safety personnel and trained and authorized by law or rule to render emergency medical assistance or treatment;

3. Proof of Missouri Residence;

4. Initial recipients must provide documentation showing proof of service of the parent as public safety personnel for at least ten (10) years from all eligible employers, which can include full-time employment, but excludes volunteer service;

5. Loan documentation is required for legal dependents of public safety personnel because the scholarship can potentially convert to a loan requiring repayment if the dependents fail to meet the residency requirements as outlined in subsection (6)

(B) of this rule. Such documents are required for the processing of the award, which include— A. Application disclosure, which includes information about potential repayment and estimated interest rates; must be completed at the time of application, or the application is considered incomplete;

B. Approval disclosure, in which students can accept, deny, or reduce the award amount; must be completed and returned to the department within ten (10) business days, or the award will not be disbursed; and C. Promissory note, or agreement that the student agrees to repay the award if the scholarship converts to a loan; must be completed and returned to the department within ten (10) business days, or the award will not be disbursed.

(D) A dependent may still qualify for the scholarship following the death of a public safety personnel in the line of duty if, in lieu of the documentation required in subsection (4)(C), the dependent submits a statement attesting that— 1. At the time of death, the public safety personnel satisfied the requirements of subsection (4)(C); and 2. The public safety personnel died in the line of duty, which means any action of an employee directly connected to their employment as public safety personnel who is authorized or obligated by law, rule, regulation, or condition of employment or service to perform such function.

(E) The department shall notify applicants by no later than March 1 annually of the applicant’s eligibility or ineligibility for the tuition award in the upcoming academic year, and state whether the application has been approved or denied. If the applicant is determined not to be eligible for the tuition award, the notice shall include the reason or reasons for such determination. If the application is denied, the notice shall include the reason or reasons for the denial.

(5) Award Policy.

(A) The Public Safety Recruitment and Retention Scholarship will be allotted for one (1) award year.

(B) Subject to appropriation, the scholarship awards will be based on prioritization, which the department will determine by March 1 for the upcoming academic year. The awards shall be made in the following order of priority:

1. Priority class one shall include public safety personnel in the following order:

A. Public safety personnel in departments located wholly or partially in counties or cities not within a county with the highest crime rate per capita, as determined by the most recent uniform crime reporting statistics from the Federal Bureau of Investigation; and B. Public safety personnel with the most years of service;

C. Renewal applicants will be prioritized over initial students;

2. Priority class two shall include dependents of public safety personnel, in the following order:

A. Dependents of public safety personnel in departments located wholly or partially in counties or cities not within a (6/30/26) Denny Hoskins county with the highest crime rate per capita, as determined by the most recent uniform crime reporting statistics from the Federal Bureau of Investigation; and B. Dependents of public safety personnel with the most years of service; and C. Renewal applicants will be prioritized over initial students; and 3. In the event of a tie, the available funds shall be distributed on a pro rata basis considering the total tuition and fee cost of each individual that is tied.

(C) Student eligibility for the Public Safety Recruitment and Retention Scholarship expires at the earliest of the following, except a student who is eligible at the beginning of an enrollment or payment period may receive the award for the full enrollment or payment period in which the expiration criterion is met:

1. Receipt of a bachelor’s degree;

2. Receipt of the grant for five (5) consecutive award years;

3. Achievement of one hundred twenty (120) credit hours.

(D) The applicant’s award will be sent to the approved institution to be delivered to the student’s account.

(E) No Public Safety Recruitment and Retention Scholarship award will be made retroactive to a previous academic year.

An award may be made retroactive to a previous semester only upon the sole discretion of the department.

(F) A student may transfer the Public Safety Recruitment and Retention Scholarship award from one (1) approved institution of higher education to another without losing eligibility for assistance, but the department shall make any necessary adjustments in the amount of the award.

(G) An initial or renewal applicant’s failure to provide an accurate and complete application or any additional information by the deadline established in statute or by the department may result in the loss of the Public Safety Recruitment and Retention Scholarship for the period covered by the deadline.

(6) Grant Maintenance.

(A) The five- (5-) year residency requirement begins once the legal dependent applies for and receives the tuition award for the first time and continues until the tuition award recipient’s— 1. Completion of the five- (5-) year tuition award eligibility period;

2. Completion of a baccalaureate degree at an institution of higher education;

3. Completion of an associate degree at a public community college and notification to the department that such recipient does not intend to pursue a baccalaureate degree or additional associate degree using tuition awards pursuant to the Public Safety Recruitment and Retention Act; or 4. Notification to the department that such recipient does not plan to use additional tuition awards pursuant to the Public Safety Recruitment and Retention Act.

(B) The grant shall remain a grant and repayment will not be required if the dependent(s) of public safety personnel— 1. Graduates from an approved institution with a bachelor’s degree;

2. Resides in the state of Missouri for a period of five (5) years following the use of the award, and files state income taxes in Missouri;

3. Completes an associate degree at a Missouri public community college and notifies the department that the dependent does not intend to pursue additional education using the tuition awards under this program; or 4. Notifies the department that the dependent does not plan to use additional tuition awards under this program.

(C) The recipient shall annually provide certification to the department that the recipient meets the residency requirements by providing a copy of their Missouri state tax return.

(D) The recipient may apply to the department for a waiver of the conversion of the scholarship to a loan due to the total and permanent disability or death of the recipient or if such recipient or recipient’s spouse is providing service to any branch of the Armed Forces of the United States and is transferred out of state and is no longer able to maintain Missouri residency as a result of such service. The disability must be certified as permanent and total by the recipient’s physician. In the event of the death of the recipient, the executor or other custodian of the deceased recipient’s estate may submit an application.

(E) Recipients may defer conversion of the scholarship to a loan if their qualified employment is interrupted for one (1) of the following reasons:

1. Service by a recipient or a recipient’s spouse in any branch of the Armed Forces of the United States; or 2. A temporary disability resulting from an injury or illness that renders the recipient unable to be employed. The recipient’s physician must certify the nature of the disability, the date the disability began, and the expected duration of the recovery period, not to exceed twelve (12) months.

(F) The deferment shall begin on the date the recipient ceases to be a Missouri resident. The length of the deferment will be at the department’s discretion based on individual circumstances. The recipient must notify the department at the beginning and end of the deferment period and provide any requested supporting documentation. The recipient must also return to Missouri residency following the interruption.

(G) Recipients must promptly report to the department any change of mailing address during the required residency period, including any period of deferment. If the scholarship converts to a loan, recipients must continue to promptly report any change of mailing address to the department until the loan is repaid in full or discharged.

(7) Loan Conversion/Repayment Policy.

(A) If the recipient fails to satisfy any of the criteria for the award to remain a scholarship, the total aggregate scholarship awarded shall convert to a loan and the recipient shall repay the total grant funds received from the state with interest.

(B) Recipients must notify the department within thirty (30) days of a change in enrollment status that would trigger repayment.

(C) Interest shall be charged on the unpaid balance of the amount received from the date the recipient ceases to reside in Missouri until the amount received is paid back to the state.

The interest rate shall be adjusted annually and shall be equal to one (1) percentage point over the prevailing United States prime rate in effect on January first of such year.

(D) The department shall mail a repayment schedule to the recipient.

(E) The payment amount will vary depending on the total amount received plus accrued interest. Under no circumstances shall the minimum monthly payment be less than fifty dollars ($50) or the minimum annual payment be less than six hundred dollars ($600).

(F) The repayment schedule shall be based on a ten- (10-) year repayment plan unless the minimum monthly payment amount results in a shorter repayment period.

(G) The recipient shall make the first payment no later than the last day of the month in which the repayment schedule is dated. Subsequent payment dates will be specified on the repayment schedule. Payments are delinquent if not received by the department within ten (10) business days of the payment due date.

(H) Payments shall be applied first to accrued interest with any remaining amount applied to principal.

(I) Recipients shall not be subject to penalty for early repayment.

(J) Recipients may defer principal and interest payments for a period approved by the department for the following reasons:

1. Experiencing economic hardship as determined by the department;

2. Medical condition limiting the recipient’s ability to continue repayment including, but not limited to, illness, disability, or pregnancy, as certified by the recipient’s physician;

3. Service by a recipient or a recipient’s spouse in any branch of the Armed Forces of the United States.

(K) The recipient must notify the department at the beginning and end of the deferment period and submit to the department any requested supporting documentation.

(L) Interest will not accrue during a deferment period.

(M) Payments made during a deferment period will be applied first to any interest accrued prior to the deferment period and then to principal.

(N) In the event a recipient becomes totally and permanently disabled as certified by a physician or dies, the requirements of the recipient to make any further payment of principal and interest will be discharged immediately upon department approval of the request for discharge. The recipient must apply to the department for loan discharge and provide any requested supporting documentation. In the event of the death of the recipient, the executor or other custodian of the deceased recipient’s estate may submit an application.

(8) Default.

(A) A recipient’s account will be in a default status when the recipient has failed to make three (3) consecutive scheduled payments.

(B) The department will notify the recipient of the default status by certified mail sent to the recipient’s last known mailing address.

(C) Upon default, principal and interest are due in full immediately, unless— 1. The recipient makes satisfactory repayment arrangements within thirty (30) days from the date of the certified notice; and 2. The recipient makes three (3) consecutive on-time payments that are at least the minimum amount provided on the repayment schedule, resulting in the removal of default status.

(D) All loans in repayment, deferment, or default status will be monitored. All available legal remedies may be pursued to ensure full repayment of loans. The borrower may be responsible for reasonable collection costs, including but not limited to attorney fees, court costs, and other fees.

(9) Information Sharing Policy.

(A) All information on an individual’s Public Safety Recruitment and Retention Scholarship application will be shared with the financial aid office of the institution to which the individual has applied or is attending, to permit verification of data submitted. Information may be shared with federal financial aid offices if necessary to verify data furnished by the state or federal governments.

History

• AUTHORITY: sections 173.2655–173.2660, RSMo Supp. 2025. Original rule filed Dec. 2, 2025, effective July 30, 2026. Original authority: 173.2655-173.2660, see Revised Statutes of Missouri, 2016 and Supp. 2025.

Chapter 3 Residency and Transfer

6 CSR 10-3.020 Guidelines for Student Transfer and Articulation Among Missouri HIGHER EDUCATION AND WORKFORCE DEVELOPMENT of Higher Education and Workforce Development {#sec-6-csr-10-3.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-3.020}

6 CSR 10-3.010 Determination of Student Residency {#sec-6-csr-10-3.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-3.010}

PURPOSE: This rule sets forth the criteria and requirements for decisions by institutions of higher education relating to the residency status of students, including the determination of student fee charges and of student eligibility for financial aid administered by the (1) Definitions.

(A) Academic year is the period from July 1 of any year through June 30 of the following year.

(B) Adult student shall mean any emancipated minor student or any student having attained the age of twenty-one (21) years.

(C) Continuous enrollment shall mean enrollment in a Missouri institution in at least one (1) credit or clock hour or the equivalent in at least one (1) semester, excluding summer terms, each academic year.

(D) Coordinating board or board shall mean the Coordinating Board for Higher Education created by section 173.005, RSMo.

(E) Dependent student shall mean, for the purposes of state financial aid eligibility, any student who is not an independent student.

(F) Domicile shall mean presence in a state with an intent of making the state a permanent home for an indefinite period.

(G) Emancipated minor student shall mean any student not having attained the age of twenty-one (21) years and who is not under the care, custody, and support of a legal custodian(s). An unemancipated minor may become emancipated through marriage, formal court action, abandonment, or positive action of alienation on the part of the minor.

Mere absence of the minor student from the domicile of his or her legal custodian(s) shall not constitute proof of emancipation. Any minor student taken as an income tax deduction by anyone other than a spouse shall be considered an unemancipated minor. In all instances, alienation from care, custody, and support shall be complete, and the burden of satisfactory proof of emancipation shall be that of the minor student.

(H) Independent student shall mean, for the purposes of state financial aid eligibility, any student who qualifies as an independent student under section 480(d) of the Higher Education Act of 1965, as amended, codified at 20 U.S.C. section 1087vv(d).

(I) Residency or resident status shall mean that status which is achieved when sufficient proof of domicile in a state is presented.

(J) Unemancipated minor student shall mean any student not having attained the age of twenty-one (21) years, and who remains under the care, custody, or support of the legal custodian(s) of the student.

(2) Resident Tuition Eligibility.

(A) If a nonresident adult student or unemancipated minor student’s nonresident legal custodian(s) presents sufficient proof of domicile in Missouri, such student shall be granted resident status at the first enrollment following the establishment of the domicile.

(B) Domicile of an unemancipated minor student is presumed to be that of the student’s legal custodian(s). In order to establish domicile for an unemancipated minor student, a divorced or separated legal custodian claiming Missouri residency must, in addition to the factors listed in section (6) of this rule, show— 1. A divorce decree or separation agreement giving the resident legal custodian joint or sole legal or physical custody of the unemancipated minor student; or 2. A notarized declaration that the unemancipated minor student resides with the resident legal custodian a majority of the year.

(C) Once an unemancipated minor establishes residency under this rule, they may continue to qualify for resident status so long as they remain continuously enrolled, excluding summer terms, in a Missouri institution of higher education, even if the legal custodian(s) of the unemancipated minor student cease to hold Missouri resident status or the student becomes an adult student.

(D) The criteria set forth in this rule for establishing Missouri residency shall also apply to determinations of in-district residency for public community college districts.

(3) State Financial Aid Eligibility.

(A) If a nonresident independent student or dependent student’s nonresident legal custodian(s) presents sufficient proof of domicile in Missouri, such student shall be granted resident status at the first enrollment following the establishment of the domicile.

(B) Domicile of a dependent student is presumed to be that of the student’s legal custodian(s). In order to establish domicile for a dependent student, a divorced or separated legal custodian claiming Missouri residency must, in addition to the factors listed in section (6) of this rule, show that his or her information was reported on the student’s Free Application for Federal Student Aid.

(C) Once a dependent student establishes resident status under this rule, they may continue to qualify for resident status so long as they remain continuously enrolled, excluding summer terms, in a Missouri institution of higher education, even if the legal custodian(s) of the dependent student ceases to hold Missouri resident status or the student becomes an independent student.

(D) Resident status is one (1) criterion of eligibility for state financial aid awards administered by the coordinating board. Resident status does not guarantee an award of state financial aid.

(4) Members of the Military Forces.

(A) Students shall neither gain nor lose resident status solely as a consequence of military service.

(B) Military personnel, when stationed in Missouri pursuant to military orders, their spouses, and dependents, as defined at 37 U.S.C. section 401(a) for tuition purposes and at subsection (1)(E) of this rule for state aid purposes, shall be regarded as holding Missouri resident status. However, a member of the military forces who is specifically assigned, under orders, to attend a Missouri institution of higher education as a full-time student, shall be classified, along with his/her spouse and dependents, as if they had no connection with the military forces.

(C) Any individual who is currently serving in the Missouri National Guard or a reserve component of the military forces of the United States or who is in the process of separating from any branch of the military forces of the United States with an honorable or a general discharge shall have resident status for purposes of admission and— 1. In-state tuition at any public college or university, if the individual— A. Demonstrates presence in Missouri; and B. Declares residency in Missouri; or 2. In-state, in-district tuition at any public community college, if the individual— A. Demonstrates presence in the taxing district; and B. Declares residency in the taxing district.

(D) The following criteria shall be used by an institution for purposes of determining an individual’s separation status under subsection (C) of this section:

1. An individual shall be considered to be in the process of separating from any branch of the military forces at any time after receipt of formal separation orders but prior to three (3) years after receiving an honorable or general discharge;

2. An individual may demonstrate presence and declare residency in Missouri and/or the taxing district through a signed statement indicating the individual currently resides in Missouri and/or the taxing district and intends to make Missouri and/or the taxing district a permanent home; and 3. Discharge status shall be determined based on information contained in the Certificate of Release or Discharge from Active Duty (DD 214).

(5) Noncitizens of the United States.

(A) Individuals who are not citizens of the United States must possess a lawful immigration status, as determined by the federal government, prior to consideration for resident status as otherwise provided in this rule, except that individuals and their family members who hold F, J, or M visa status are ineligible for resident status.

(6) Determination of Resident Status.

(A) Attendance at an institution of higher education shall be regarded as a temporary presence inside or outside of Missouri; therefore, a student neither gains nor loses resident status solely by such attendance.

(B) The burden of proof of establishing eligibility for Missouri resident status shall rest with the student.

(C) Either of the following shall be sufficient proof of domicile in Missouri:

1. Presence in Missouri for a minimum of the twelve (12) immediate past, consecutive months coupled with proof of intent, pursuant to subsection (D) of this section, to make Missouri a permanent home for an indefinite period; or 2. Presence in Missouri for the purpose of retirement, full-time employment, fulltime professional practice, or to conduct a business full-time coupled with proof of intent, pursuant to subsection (D) of this section, to make Missouri a permanent home for an indefinite period.

(D) In determining whether an adult or independent student, or the legal custodian(s) of an unemancipated minor or dependent student intends to make Missouri a permanent home for an indefinite period, the following factors, although not conclusive, shall be considered:

1. Heavily weighted factors— A. Continuous presence in Missouri during those periods not enrolled as a student;

B. Marriage to a Missouri resident and sharing a home with the resident spouse in Missouri;

C. Substantial reliance on sources in Missouri for financial support;

D. Former domicile in Missouri and maintenance of significant connections while absent; and E. Ownership of a home in Missouri;

2. Lightly weighted factors— A. Registration for voting;

B. Part-time employment;

C. Lease of living quarters;

D. A written statement of intent to establish domicile in Missouri;

E. Automobile registration or driver’s license obtained in Missouri; and F. Payment of income, personal, or property taxes in Missouri.

(7) Grace Period for Loss of Residency Status.

(A) An adult or emancipated minor student will lose Missouri residency status twelve (12) consecutive months after he or she can no longer demonstrate sufficient proof of domicile, as provided in this rule.

(B) An unemancipated minor or dependent student will lose Missouri residency status twelve (12) consecutive months after the legal custodian(s) of that student can no longer demonstrate sufficient proof of domicile, except as provided in subsections (2)(C) and (3)(C) of this rule.

(8) Administrative and Compliance.

(A) Each institution shall establish procedures for the determination of institutional decisions in accordance with this rule. These procedures shall adhere to the guidelines set forth in this rule and to the concepts of procedural fairness and reasonableness to the students, to the institution and to the taxpaying public of the state. The procedures shall provide for at least two (2) levels of institutional appeal review and the last stage of the procedure shall be considered final by the institution.

(B) Compliance with the guidelines as set forth in this rule is required of institutions of higher education in order to be determined as eligible institutions under state financial aid programs administered by the coordinating board and for which student eligibility is restricted to residents. For state financial aid purposes, institutions may exercise professional judgment in residency determinations for documented exceptional circumstances.

(C) On complaint of any student or other indication of possible institutional noncompliance with the guidelines set forth in this

rule, the coordinating board may review the eligibility of an institution for state financial aid programs, or any other funds administered by the board and may take such actions or make such recommendations relating to the institution’s eligibility as the coordinating board deems appropriate. These actions shall be consistent with any other administrative rules the board has established pertaining to the review of institutional eligibility.

Filed April 9, 2013, effective Oct. 30, 2013.

Amended: Filed Sept. 16, 2015, effective March 30, 2016. Amended: Filed Dec. 28, 2016, effective July 30, 2017. *Original authority: 173.005.2(7), RSMo 1973, amended 1983, 1985, 1999, 2003, 2005, 2007, 2010, 2011, 2012, 2013, 2016; 173.081, RSMo 1993, amended 1995; 173.1150.3, RSMo 2013; and 173.1153.4, RSMo 2016.

History

• AUTHORITY: sections 173.005.2(7), 173.081, 173.1150.3, and 173.1153.4, RSMo 2016. Original rule filed Aug. 7, 1978, effective March 17, 1979. Rescinded and readopted: Filed July 3, 1985, effective Aug. 1, 1986. Amended: Filed Dec. 16, 1988, effective April 1, 1989. Amended: Filed June 15, 2009, effective Dec. 30, 2009. Amended:

6 CSR 10-3.020 Guidelines for Student Transfer and Articulation Among Missouri Higher Education Institutions {#sec-6-csr-10-3.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-3.020}

PURPOSE: The purpose of this rule is to establish guidelines to promote and facilitate the transfer of students between institutions of higher education within the state.

(1) Introduction. The Coordinating Board for Higher Education is required by statute to “establish guidelines to promote and facilitate the transfer of students between institutions of higher education within the state.” This

rule sets forth those guidelines and is intended to assure that a student with a clear educational objective may complete a degree program in the shortest possible time, whether the student remains in one (1) institution or transfers to another. The coordinating board recognizes that each Missouri college and university has a responsibility for establishing and maintaining standards of expectations for students completing courses, programs, certificates, or degrees. It also recognizes that for effective and efficient transfer of credits between and among these colleges and universities, it is necessary to exercise this responsibility within the context of a statewide system of postsecondary education.

Effective articulation is based upon interinstitutional communication, a mutual respect for institutional integrity, a high degree of flexibility, procedures for identifying problems, and a mechanism for implementing appropriate solutions. Harmonious and equitable consideration of any problem which a student may encounter in moving from one (1) college to another is an ultimate objective of these transfer guidelines.

(2) Definitions.

(A) Baccalaureate degree program means the major required for the awarding of a bachelor’s degree.

(B) Bachelor’s degree or baccalaureate degree means an award that normally requires no more than one hundred twenty (120) semester credit hours except as may be necessary for accreditation or licensure.

(C) Commissioner means the Commissioner of Higher Education as appointed by the (D) Committee on Transfer and Articulation, (COTA) refers to an advisory committee established by the Coordinating Board for Higher Education with responsibility to oversee the implementation of the transfer guidelines and appeals process as set forth in this rule.

(E) Common Course Number Equivalency Matrix (Missouri Transfer Number or “MOTR” Number) refers to the statewide number assigned to the core transfer curriculum courses to promote consistency in course designation and course identification across individual institutions. This designation is to be used only for courses originating at a Missouri institution and reviewed by a faculty discipline group comprised of faculty from Missouri public and/or participating independent higher education institutions.

(F) Coordinating Board means the Coordinating Board for Higher Education created by article IV, section 52 of the Missouri Constitution.

(G) Core Curriculum Advisory Committee, (CCAC) refers to an advisory committee established by the Coordinating Board for Higher Education with primary responsibility for assuring course equivalencies and maintaining the core transfer curriculum (CORE 42) and corresponding courses, and shall be comprised of faculty members from Missouri public institutions and participating independent institutions of higher education, and one (1) two- (2-) year representative and one (1) four- (4-) year representative from the Missouri Association of Collegiate Registrars and Admissions Officers.

(H) Core Curriculum means the basic competencies to be met, which shall include communicating, higher-order thinking, managing information, valuing, and includes the knowledge areas of social and behavioral sciences, humanities and fine arts, mathematics, life and physical sciences, and communica- (I) Degree or certificate means an award or title conferred upon an individual by a college, university, or other postsecondary education institution as official recognition for the successful completion of a program or course of study.

(J) Faculty Member refers to a person who is employed full time by a community college or other public or participating independent institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration.

(K) Faculty Discipline Group refers to review panels comprised of faculty from Missouri’s public and independent institutions and established to review courses submitted by Missouri institutions for inclusion in the Higher Education Core Transfer Curriculum (CORE 42).

(L) General education program means a prescribed course of study as defined by institutional faculty and validated by the institution’s administration or governing board, distinct from a program major, required of all graduates, and intended to ensure that all graduates possess a common core of collegelevel skills and knowledge.

(M) Guidelines as used in this rule means the expected course of action or set of circumstances that apply to decision making in which transfer of credit is involved.

(N) Higher Education Core Transfer Curriculum (CORE 42) refers to a standard core curriculum and common course numbering equivalency matrix for lower-division courses to be used at community colleges and other public and participating independent institutions of higher education to facilitate student transfers as provided under sections 178.785 to 178.789, RSMo, effective August 1, 2018.

(O) Independent Institution refers to an approved private institution of higher education meeting the requirements of section 173.1102(2) RSMo, provided it is also either accredited or a candidate for accreditation by the Higher Learning Commission and provided it offers a postsecondary course of instruction at least two (2) years in length leading to the conferral of a degree. Participating independent institutions are those who have signed a Memorandum of Understanding to participate in the CORE 42.

(P) Institution of higher education as used in the context of this rule means an educational institution under either public or private control which provides a postsecondary course of instruction at least six (6) months in length leading to or directly creditable toward a degree or certificate and which is accredited by the Higher Learning Commission.

(Q) Junior standing means the student level attained upon satisfactory completion of at least half of the credit hour requirements for completion of a bachelor’s degree, usually at least sixty (60) but less than ninety (90) student credit hours.

(R) Lower division means courses at a level of comprehension usually associated with freshman and sophomore students and offered during the first two (2) years of a four- (4-) year baccalaureate degree program.

(S) Major means a prescribed course of study which constitutes an area of specialization leading to a recognized certificate or degree.

(T) Native student means a degree-seeking student who, after graduating from high school, and excluding the summer immediately preceding fall enrollment, begins postsecondary education for the first time at that institution, has not transferred to another institution, and has not earned more than eleven (11) credits at another institution.

(U) Receiving institution means the institution of higher education at which a transfer student currently desires to enroll and to have previously earned credit applied toward a degree program.

(V) Semester credit hour refers to a metric derived from the Carnegie Unit and based on the number of contact hours students spend in class per week in a given semester.

(W) Sending institution means the institution of higher education of most recent previous enrollment by a transfer student at which transferable academic credit was earned.

(X) Transfer student means a student entering an institution for the first time with academic credit earned at another institution which is applicable for credit at the institution the student is entering.

(Y) Upper division means courses at a level of comprehension usually associated with junior and senior students and offered during the last two (2) years of a four- (4-) year baccalaureate degree program.

(3) Applicability of Guidelines. These transfer guidelines are applicable to course credits and related matters for undergraduate students who wish to transfer between Missouri public colleges and universities. The coordinating board also recommends these guidelines to Missouri independent institutions. All Missouri independent institutions choosing to participate in the CORE 42 will be required to follow the same guidelines required of Missouri public institutions, as a condition of their participation.

(4) Transfer Policy.

(A) Baccalaureate Degree Program.

1. Determination of the course requirements of the major for a baccalaureate degree, including introductory and related courses, is the prerogative of the four- (4-) year institution. The catalog of each four- (4-) year institution will state clearly the requirements for each degree program. When required, specific prerequisites will be designated and will be noted in conjunction with the course description. Transfer students who have completed prerequisites will not be required to duplicate study in the area. Courses taken as

part of the Higher Education Core Transfer Curriculum (CORE 42) shall transfer to all public two- (2-) year and four- (4-) year institutions and participating independent institutions and will count toward completion of general education. And, if a specific course designated as part of the CORE 42 serves as a prerequisite to another course, or fulfills major or graduation requirements for native students, it shall serve that same role for the

purpose of transfer. The catalog will specify any restrictions or limitations for additional major requirements.

2. A baccalaureate degree program or major consists of a coherent grouping of courses or subject area requirements in a specific discipline or program field. Generally, the number of credit hours required for a major extends from thirty to forty-eight (30– 48)-semester credit hours but there may be exceptions to this in the case of highly specialized professions or disciplines, interdisciplinary studies, or majors in general liberal arts studies.

(B) General Education.

1. A student’s first two (2) years in college may include introductory courses and other courses which permit the student to explore areas of specialization that can be pursued at a later time at the baccalaureate level. In a two- (2-) year college transfer program, the courses should be adequate in content to be counted fully toward the baccalaureate degree for transfer students continuing in a particular field.

2. Each institution of higher education in Missouri fosters a program of general education. These general education programs typically follow one (1) of three (3) models, that is, competency-based programs; topical or thematic programs; or distributional programs. Among Missouri’s higher education institutions, especially in the public sector, virtually all general education programs are currently distributional in character and consist of a set of courses composed of a specific number of semester credit hours within a pattern of curricular areas of study.

3. Although the general education requirement may vary from institution to institution, it represents an institutional statement, developed by the faculty and given ultimate validation by the college’s administration or governing board, about the general body of knowledge and skills which should be possessed by the recipient of that college’s degree.

4. Consistent with its mission, each public higher education institution in Missouri shall develop and shall promulgate a program of general education. After a Missouri institution of higher education has developed and published its program of general education, the integrity of that program will be recognized by other institutions within the state.

5. For the purpose of facilitating transfer between institutions in the state, institutions shall accept in transfer the Missouri Higher Education Core Transfer Curriculum (CORE 42), a general education program comprised of at least forty-two (42) semester credit hours which shall consist of, but not be limited to, the distribution of courses specified in subparagraphs (4)(B)5.A.–E. and which shall satisfy sections 178.785-178.789, RSMo.

Such a distribution of courses shall be deemed as meeting the general education requirements of the receiving institution. The framework for Missouri’s CORE is designed for students to obtain the basic competencies of Valuing, Managing Information, Communicating, and Higher-Order Thinking through the completion of at least forty-two (42) semester credit hours and shall consist of college-level (nonremedial) course work or its equivalent distributed across each of the following knowledge areas:

A. Communication skills, a minimum of nine (9) semester credit hours are required, with a minimum of six (6) semester credit hours in written communications and a minimum of three (3) semester credit hours in oral communications;

B. Humanities and Fine Arts, a minimum of nine (9) semester credit hours are required, from at least two (2) disciplines and no more than three (3) credit hours of performance courses that can be applied to the Humanities and Fine Arts Knowledge Area and to the total CORE 42;

C. Natural Sciences, a minimum of seven (7) semester credit hours are required, from at least two (2) disciplines, including at least one (1) with a laboratory component;

D. Mathematical Sciences, a minimum of three (3) semester credit hours are required. Mathematical Sciences courses that use one of the pathway courses as a prerequisite will meet the general education credit for mathematical sciences. For example, Calculus meets the general education math requirement since Pre-Calculus Algebra is a prerequisite; and E. Social and Behavioral Sciences, a minimum of nine (9) semester credit hours are required, from at least two (2) disciplines, and including at least one (1) Civics course.

6. All institutions shall recognize the validity of other institutions’ general education requirements when the minimum requirements as specified in subparagraphs (4)(B)5.A.–E. are met. However, some foreign language and/or upper division general education courses or upper division graduation requirements may be required by the receiving institution whenever all native students are obligated to satisfy the same requirements.

7. Professional schools or programs, because of licensure and accreditation requirements, are exempt from formulating general education programs according to the distributional requirements established within this rule. However, institutions are encouraged to establish specialized articulation programs. In these instances, transferring students are not exempted from satisfying the specialized lower division requirements of departments or divisions of an institution into which a student wishes to transfer.

8. Students who have completed all of the requirements for completion of a general education program shall have their transcript notated as “General Education Complete” or “CORE 42 Complete.”

(C) Associate Degrees.

1. Associate of Arts Degree.

A. An associate of arts degree (AA) is a two- (2-) year degree which indicates the completion of a student’s lower division general education requirements. It is also a specific transfer degree for entry, at the junior level, into the general range of baccalaureate degree programs offered by a four- (4-) year college.

B. The receiving institution is not obligated to accept transfer credit which exceeds the minimum number of credits the sending institution has established for awarding the associate level degree. This degree is not normally awarded in a program area.

2. Other associate degrees. All other associate degrees will be evaluated on a course-by-course basis.

(D) Course-By-Course Transfer. After an institution of higher learning in Missouri has developed and published its program of general education, the integrity of the program will be recognized by the other institutions in Missouri. Once students have been certified, and the transcript notated, that the student has satisfactorily completed the prescribed general education program or CORE 42, as specified in this document, no other public or participating institution of higher learning in Missouri will require further lower division courses in their general education program except as provided in subsections (4)(B) and (E). However, students transferring without completing the prescribed general education program shall be subject to the general education requirements of the receiving institution at the time of their admission to that institution. For students transferring with courses that have been assigned a Missouri statewide transfer number (MOTR number), the following rules apply pursuant to sections 178.785-178.789, RSMo:

1. MOTR courses taken as part of CORE 42 will transfer as equivalent to all Missouri public two- (2-) year and four- (4-) year institutions and participating independent institutions of higher education and will count toward completion of general education;

2. If a specific institution’s course designated as a MOTR course serves as a prerequisite to another course, or fulfills major or graduation requirements for native students, it shall also serve in that same role for the

purpose of transfer; and 3. Transfer students must meet the same institutional requirements as native students in regard to institutional admission, program admission, transferability of credit, and transferability of course grades in accordance with subsections (4)(E), (F), (I), and (J) of this rule.

(E) Institutional Admission.

1. The core of any orderly transfer process is the mutual acceptance of the nature and purpose of the associate of arts degree.

This degree shall be transferable upon— A. Completion of a minimum of sixty (60) semester hours of college-level work oriented toward a baccalaureate degree;

B. Completion of an institutionally approved general education program of not fewer than forty-two (42) semester hours or the CORE 42 general education program, as defined in subsection (4)(B); and C. Achievement of a cumulative grade point average of not less than 2.0 (A = 4.0, B = 3.0, C = 2.0, D = 1.0, F = 0.0) provided that only the final grade received in courses repeated by the student shall be used in computing this average.

2. Students holding associate of arts degrees oriented toward the baccalaureate degree with a grade point average of 2.0 or above, as validated by a regionally accredited associate degree granting institution, are admitted to a baccalaureate degree granting institution, but not necessarily to a program (see subsection (4)(F)), as— A. Having junior standing; and B. Having fulfilled lower division general education requirements. However, this does not exempt the student from meeting the specialized lower division requirements of departments or divisions of the school to which a student transfers provided such exceptions to the basic general education and CORE 42 requirements have been promulgated in accordance with subsections (4)(B) and (C).

3. Students transferring without the associate of arts degree must meet the admission requirements of the receiving institution.

4. If any institution of higher education finds it necessary to select from among qualified transfer students, its criteria for admission will be stated in its official publications.

These publications will be on file with the (F) Program Admission. Transfer students will be admitted to programs based on the same criteria established for the native students of the receiving institution. Admission to a specific baccalaureate degree program may result in a different computation of the grade point average (GPA).

(G) Catalog.

1. Transfer students shall be subject to the same regulations regarding applicability of catalog requirements as native students.

2. Pursuant to section 178.786.2, RSMo, each Missouri public two- (2-) year and four- (4-) year and participating independent institutions will, in order to facilitate the seamless transfer of the Higher Education Core Transfer Curriculum (CORE 42) and associated courses, include in its catalog listings the applicable course numbers from the common course numbering equivalency matrix (MOTR number).

(H) Change in Major. When students initiate changes in their stated major or degree objectives, those students assume full responsibility for meeting the specified new degree and/or major requirements. Students contemplating transfer from a two- (2-) year vocational/technical program into a baccalaureate program in the same field of study should expect additional major and degree requirements and should not expect automatic junior standing in the major. Students planning to transfer into a different field of study should seek pretransfer counsel from the sending or receiving institution regarding required courses in the program which they plan to pursue and the evaluation of credits already earned, as they apply to the particular baccalaureate program to be pursued.

(I) Transfer of Credit. Credit earned in or transferred from a community college shall normally be limited to approximately half the baccalaureate degree program requirement, and to the first two (2) years of the undergraduate educational experience.

(J) Transfer of Grades. The academic record at a given institution will include all courses attempted. Grades of “D” or better earned in college-level work at an accredited or approved institution of higher education should receive full credit when transferred to another college or university. However, the receiving institution will treat all grades on courses attempted on the same basis as that of the native student. For example, if the native student is required to repeat a “D” grade in a specified course, a transfer student will also be required to repeat the “D” grade in the same course.

(K) Credit by Examination, Experiential Learning and Pass/fail Credit.

1. Pass/fail credit will be transferred and treated by the receiving institution in the same way pass/fail credit is treated for native students.

2. Advanced placement, credit by examination and credit for experiential learning will be transcripted and clearly defined.

Course equivalency for credit by examination may be listed as desired. The receiving institution shall transfer and treat credit earned through advanced placement, credit by examination and credit for experiential learning in the same manner as it would for native students except that the integrity of the associate degree will not be invalidated.

3. The policies for awarding credit by examination and nontraditional learning vary from one (1) institution to another. Each institution will publish information about its policies for awarding credit by nontraditional modes, including name of tests which are used to assess credit, cut-off scores, deadline dates for submission of scores to the receiving institution and restrictions on the time interval permitted to receive current credit for a course taken some years previously.

(L) State Certification or Statutory Requirements. In the process of earning a degree, students must complete requirements for that degree and sometimes, as in the case of teacher education programs, must also meet state certification requirements. If certification or statutory requirements change and additional requirements become effective during the time a student is enrolled in a program, the new requirements take precedence over previously existing degree or certification standards.

(5) General Transfer.

(A) Each receiving institution of higher education shall have an internal process of appeal available to transfer students for purposes of challenging institutional decisions on the acceptance of the students’ credits in transfer. The process shall include no more than three (3) levels of appeal. The receiving institution shall publish in its catalog or otherwise provide to each transfer student a statement of appeal rights and procedures internal to the institution. A copy of that formal statement shall be furnished to the committee on transfer/articulation. If a transfer student’s appeal challenge is denied by the institution after all appeal steps internal to the institution have been exhausted, the institution shall advise the student in writing of the availability and process of appeal to the committee on transfer/articulation.

(B) Appeal to the committee on transfer/articulation shall be by the following procedures:

1. Appeal to the committee on transfer/articulation is to be initiated by the affected student only after all other remedies have been exhausted without resolution of the issue at the receiving institution. The appeal process is initiated when the student informs the committee on transfer/articulation in writing of the reason for the appeal;

2. The committee shall promptly notify the chief executive officer of the relevant institution(s) of higher education of the appeal and invite the institution(s) to submit documentation for the decision being appealed by the student. Documentation shall be submitted by the relevant institution(s) within fifteen (15) days of notification by the committee;

3. The chairperson of the committee shall convene the appeals committee within thirty (30) days, if possible, but in no event later than ninety (90) days, of the receipt of an appeal for the purpose of considering the information presented by the student and the institution(s). Both the student and the institution(s) shall be notified of the committee’s meeting time and location. The student and the institution(s) will have the opportunity to make an oral presentation to the appeals committee if either desires to do so;

4. In the event an appeal is filed involving a campus represented on the committee on transfer/articulation, the commissioner shall, for the purpose of considering the appeal, appoint an interim member of the committee from the same sector;

5. The committee’s consideration of the appeal shall include, but not be limited to, the institution(s)’s compliance with the guidelines set forth in this rule, the student’s compliance with the guidelines set forth in this

rule and the student rights and responsibilities statement;

6. The committee chairperson shall inform the chief executive officer of the relevant institution(s) and the student of the committee’s determination and recommend that the institution(s)’s chief executive officer implement the committee’s recommendation;

7. The institution(s)’s chief executive officer shall inform the chairperson of the appeals committee within thirty (30) days of the action taken in regard to the committee’s recommendation; and 8. The committee’s recommendation and the action taken by the institution(s) shall be reported to the coordinating board by the commissioner on higher education.

(C) Core Transfer Curriculum (CORE 42) and MOTR Courses.

1. Pursuant to section 178.788, RSMo, if a Missouri public institution of higher education or participating independent institution does not accept MOTR course credit earned by a student at another Missouri public or participating independent institution of higher education, that institution shall give written notice to the student and the sending institution that the transfer of the course credit is denied within ten (10) business days of the denial of credit. When sending notification of denial of credit, institutions must include standard information which is available on the Missouri Department of Higher Education and Workforce Development’s website. The standard information requires at a minimum: student identification information, course identification information, the reason why the course did not transfer, and the institutional internal appeal process.

2. Each public institution of higher education shall have an internal process of appeal available to transfer students for purposes of challenging institutional decisions on the acceptance of the students’ credits in transfer.

The process shall include a minimum of two (2) levels of appeal but not to exceed more than three (3) levels of appeal. The process of internal appeal shall be decided upon by the institution. The institution shall publish in its catalog and place in a student accessible area on the institution’s website the statement of appeals rights and procedures internal to the institution. A copy of that formal statement shall be furnished to the committee on transfer/articulation. The institution’s internal appeals policy shall include the process for transfer appeal.

3. The two (2) institutions and the student shall attempt to resolve the transfer of the course credit dispute in accordance with these rules.

A. If the transfer dispute is not resolved to the satisfaction of the student or the institution at which the credit was earned within forty-five (45) business days after the date the student received written notice of the denial, the institution that denies the transfer of the course credit shall notify the commissioner of higher education of its denial and the reasons for the denial. The student and sending institution shall also be copied on the notification sent to the commissioner of higher education.

4. Review by the commissioner of higher education or his or her designee shall be by the following procedures:

A. Review by the commissioner of higher education is initiated by the institution that denies the transfer of the course credit after all other remedies have been exhausted without resolution of the issue at the receiving institution. This must be done by the institution that denied the transfer of credit within forty-five (45) business days after the date the student received written notice of denial. The institution shall submit any documentation for the reason of the denial of course credit with the appeal;

B. The commissioner of higher education or his or her designee shall promptly notify the chief academic officer of the relevant institution(s) of higher education of the appeal and the involved student and invite the institution(s) and student to submit documentation for the decision being appealed.

Documentation shall be submitted by the relevant institution(s) and student within fifteen (15) business days of notification by the commissioner of higher education or his or her designee;

C. The commissioner of higher education or his or her designee shall make the final determination about a dispute concerning the transfer of course credit and give written notice of the determination as to the involved student and institutions within thirty (30) business days of the documentation deadline;

D. The commissioner’s or his or her designee’s consideration of the appeal shall include, but not be limited to, the institution(s)’s compliance with the guidelines set forth in this rule and the student rights and responsibilities statement and the receiving institution’s compliance with its own transfer policies;

E. The commissioner of higher education or his or her designee shall inform the chief academic officer of the relevant institution(s) and the involved student of the commissioner’s determination and recommend that the institution(s)’s chief academic officer implement the commissioner’s recommendation;

F. The receiving institution(s)’s chief academic officer shall inform the commissioner within thirty (30) business days of the action taken in regard to the commissioner of higher education’s recommendation;

G. The coordinating board shall collect data on the types of transfer disputes that are reported and the disposition of each case that is considered by the commissioner of higher education or the commissioner’s designee; and H. The coordinating board for higher education, in consultation with the advisory board, shall develop criteria to evaluate the transfer practices of each public institution of higher education in this state and shall evaluate the transfer practices of each institution based on this criteria.

(6) Data Collection. In accordance with section 178.788.1, RSMo, the coordinating board for higher education, in consultation with Core Curriculum Advisory Committee, shall develop criteria to evaluate the transfer practices of each public institution of higher education (and participating independent institutions) and shall evaluate the transfer practices of each institution based on the established criteria.

(7) Committees.

(A) Committee on Transfer and Articulation (COTA). The Committee on Transfer and Articulation was established by the Coordinating Board for Higher Education in 1987. COTA consists of twelve (12) members, with responsibility for overseeing the implementation of the guidelines as set forth in this rule.

1. COTA is comprised of twelve (12) members appointed by the commissioner of higher education, one (1) of which shall serve as chairperson of the committee. Membership shall consist of four (4) representatives from the public two- (2-) year colleges and four (4) representatives from the public four- (4-) year colleges and universities, one (1) of which must be from the University of Missouri and one (1) of which must be from the other public four- (4-) year institutions; one (1) representative from independent two- (2-) year colleges or proprietary institutions; two (2) representatives from independent four- (4-) year colleges and universities and one (1) at-large position. In addition, the commissioner or a designated representative will sit as an exofficio voting member of the committee.

2. COTA is encouraged to seek the counsel of faculty and other institutional representatives in the performance of its functions. Those functions shall include:

A. Conducting a continuing review of the provisions of the college transfer guidelines and recommending such revisions as needed to promote the success and general well-being of the transfer student;

B. Reviewing and making recommendations concerning transfer issues brought before it by institutions;

C. Recommending modifications of institutional policies and procedures which, in the committee’s judgment, would enhance and facilitate the transfer of students;

D. Studying nontraditional credits and developing transfer guidelines for them;

E. Systematically solicit suggestions and data from administrators, faculty and students concerning matters of transfer;

F. Maintaining a job description for the articulation officer’s position. The chief academic officer of each institution will appoint an articulation officer and inform the commissioner of higher education or his or her designee;

G. Developing a statement of student transfer rights and responsibilities;

H. Monitoring both the sending and receiving institutions to determine whether they are informing transfer students of their rights and responsibilities;

I. Preparing and submitting to the Coordinating Board for Higher Education, for such action and distribution as the coordinating board deems appropriate, an annual report of committee meetings, actions and recommendations. The chairperson must convene the committee at least once a month; and J. Maintaining committee rules of procedure and meeting on call of the chairperson as is necessary to perform its func- (B) Core Curriculum Advisory Committee (CCAC). The Core Curriculum Advisory Committee was established in 2016 in accordance with section 178.786, RSMo, with responsibility for overseeing the implementation of the guidelines as set forth in this rule.

1. In accordance with section 178.786, RSMo, the CCAC is to be composed of representatives from each Missouri public two- (2-) year and four- (4-) year institution of higher education. Membership also includes one (1) representative from each Missouri independent institution participating in the CORE 42 and one (1) two- (2-) year representative and one (1) four- (4-) year representative from the Missouri Association of Collegiate Registrars and Admissions Officers.

2. A majority of the membership of the CCAC shall be faculty members from Missouri public institutions of higher education, and participating independent institu- 3. Committee Responsibilities include:

A. Developing a recommended lower division core curriculum of at least forty-two (42) semester credit hours, including a statement of the content, component areas, and objectives of the core curriculum (CORE 42).

B. Developing a common course numbering equivalency matrix for the fortytwo (42) semester credit hours (Missouri Transfer Number or “MOTR”) at all institutions of higher education in the state to facilitate the transfer of those courses among institutions of higher education by promoting consistency in course designation and course identification.

C. Serve as the steering committee for oversight of the framework and review of courses.

D. Develop MOTR courses and consider issues involved in the interpretation of the core curriculum framework.

E. Establish MOTR course standards.

Develop processes and procedures for the establishment of the initial set of MOTR courses, identification of additional MOTR courses, MOTR course updates, and MOTR course removals. Develop processes and procedures for mapping and removing mappings of institutional courses to MOTR courses.

F. CCAC faculty members will serve as the chair of their respective faculty discipline group and the CCAC will provide general oversight over all faculty discipline groups.

G. May assist in resolving equivalency issues and provide assistance to COTA and the Missouri Department of Higher Education and Workforce Development (MDHEWD) as necessary to resolve transfer appeals.

Filed July 19, 2019, effective Jan. 30, 2020. *Original authority: 173.005.2(6), RSMo 1973, amended 1983, 1985, 1999, 2003, 2005, 2007, 2010, 2011, 2012, 2013, 2016, 2018 and 178.785-178.789, see Revised Statutes of Missouri.

History

• AUTHORITY: sections 178.785-178.789, RSMo 2016, and section 173.005.2(6), RSMo Supp. 2019. Original rule filed July 15, 1987, effective Oct. 12, 1987. Amended:

Chapter 4 Submission of Academic Information, Data and New Programs

6 CSR 10-4.030 Approval of Credit Hour Courses for Community AND WORKFORCE DEVELOPMENT and New Programs {#sec-6-csr-10-4.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-4.030}

6 CSR 10-4.010 Academic Program Approval {#sec-6-csr-10-4.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-4.010}

PURPOSE: The purpose of this rule is to set forth the criteria for evaluation and the procedures for submitting new degree and certificate programs and program changes by public and independent institutions of higher education in Missouri to the Coordinating Board for Higher Education.

(1) Definitions.

(A) CBHE-approved mission—a description of the public institution’s programs, audiences served, level and type of degrees offered, or other distinguishing factors, which the CBHE has reviewed and approved.

(B) CBHE-approved off-site location—locations other than the main campus (for universities) or taxing district (for community colleges) that the CBHE has reviewed and approved. The department maintains an official inventory of approved off-site locations.

(C) Certificate program—a prescribed course of study which confers an award other than a formal academic degree.

(D) Classification of Instructional Programs (CIP)—a taxonomic scheme that supports the accurate tracking and reporting of fields of study and program completions activity.

The CIP is the accepted federal government statistical standard on instructional program classifications, developed by the U.S.

Department of Education.

(E) Collaboration—two (2) or more institutions of higher education working together to deliver an academic program or degree.

(F) Combination programs—the result of a mechanical combination of two (2) previously existing programs.

(G) Commissioner—the commissioner of higher education as appointed by the CBHE.

(H) Content—the program specialization with its related options, if any, for which recognition is intended to be given by the conferring of a degree or certificate.

(I) Coordinating board, board or CBHE—the Coordinating Board for Higher Education created by article IV, section 52 of the Missouri Constitution.

(J) Degree—an award conferred by a college, university, or other postsecondary education institution as official recognition for the successful completion of a program of studies as defined by and reported to the United States Department of Education and to the coordinating board’s certificate and program inventory. In baccalaureate degrees or higher, the term program is generally the same as major.

(K) Department—the Missouri Department of Higher Education created by article IV, section 52 of the Missouri Constitution.

(L) Duplication—proposing to offer the same or a similar program to one that is already being offered by another institution.

(M) Inactive status—the result of formal action by an institution on the status of an existing academic program, which suspends the program for a period not to exceed five (5) years.

(N) Independent institution—an approved private institution of higher education meeting the requirements of section 173. 1102(2), RSMo, provided it is also either accredited or a candidate for accreditation by the Higher Learning Commission.

(O) Level—a degree, such as associate, baccalaureate, first professional, master’s, specialist, doctorate, and any other designation lower, higher, or intermediate to those which now exist or may be created. (Specialist programs, related to the state requirements for the certification of public school administrators and to the further education of public school teachers and supervisors, should be limited specifically to the field of education. These programs are essentially extensions of master’s level studies and should evidence a study beyond that expected of master’s programs.)

(P) Minor change—modifications to existing programs such as a change of program title or CIP code; the combination of programs; request for inactive status; the establishment of one- (1-) year certificate programs under an existing parent program; new options; request for program deletion; change in the mode of delivery; or new single-semester certificate programs.

(Q) Professional Degree—is an award for completing a program that: 1) serves as a prerequisite to practicing in the profession; 2) requires at least two (2) years of college work prior to entering the program; and 3) requires a total of at least six (6) academic years of college work to complete the degree program, including prior required college work plus the length of the professional program itself.

(R) Program—a prescribed course of study that leads to the formal award of a certificate or degree.

1. Certificate 0 (Undergraduate)—Postsecondary award, certificate, or diploma (less than one (1) academic year) below the baccalaureate degree— A. Less than nine hundred (900) contact or clock hours; or B. Less than thirty (30) semester or trimester credit hours; or C. Less than forty-five (45) quarter credit hours.

2. Certificate 1 (Undergraduate)—Postsecondary award, certificate, or diploma (at least one (1), but less than two (2) academic years) below the baccalaureate degree— A. At least nine hundred (900), but less than one thousand eight hundred (1,800) contact or clock hours; or B. At least thirty (30), but less than sixty (60) semester or trimester hours; or C. At least forty-five (45), but less than ninety (90) quarter hours.

3. Associate’s degree—an award that normally requires no more than sixty (60) semester credit hours unless necessary for accreditation or licensure.

4. Certificate 2 (Undergraduate)—postsecondary award, certificate, or diploma (at least two (2), but less than four (4) academic years) below the baccalaureate degree— A. At least one thousand eight hundred (1,800), but less than three thousand six hundred (3,600) contact or clock hours; or B. At least sixty (60), but less than one hundred twenty (120) semester or trimester credit hours; or C. At least ninety (90), but less than one hundred eighty (180) quarter credit hours.

5. Baccalaureate degree—an award that normally requires no more than one hundred twenty (120) semester credit hours unless necessary for accreditation or licensure.

6. Graduate certificate—an organized program of study beyond the bachelor’s degree, designed for persons who have completed a baccalaureate degree but not meeting requirements of academic degrees at the master’s level.

7. Master’s degree—an award that typically requires successful completion of a program of study of at least the fulltime equivalent of one (1), but not more than two (2) academic years of work beyond the bachelor’s degree. Some of these degrees may require more than two (2) full-time equivalent academic years of work.

8. Post-master’s certificate (First-professional certificate)— an organized program beyond the master’s degree but not meeting requirements of academic degrees at the doctor’s level. This award is designed for persons having completed the first-professional degree (refresher courses or additional units of study in a specialty or subspecialty).

9. Doctoral degree—the highest award a student can earn for graduate study (research/scholarship or professional practice).

(S) Program deletion—the removal of a program or an option from an institution’s program offerings.

(T) Program change—any revision or change in a program name or its nomenclature, including CIP number.

(U) Public institution—an approved public institution of higher education meeting the requirements of section 173.1102(3), RSMo.

(V) Program option or option—a formally designated area of specialization within an existing degree program that has a distinctive curricular pattern. A majority of required courses for the option will be taken in a core of courses common to all variations of the existing parent degree. For the purposes of program changes, option, emphasis area, and other similar terms are assumed to be equivalent.

(W) Substantive curricular change—significant modifications or expansion of an existing program. Examples of substantive changes include, but are not limited to, a change in the program’s overall credits or goals; deletion and replacement of a significant number of courses in the program’s curriculum; change in the program’s purpose; change in the audience(s) that the program is intended to serve.

(X) Program type or type of program—A designation within a degree level, such as associate of arts (AA), associate of science (AS), associate of applied science (AAS), bachelor of arts, bachelor of science, bachelor of science in engineering, master of arts, master of science, doctor of philosophy, doctor of education, etc.

(2) Special Procedure for New Public Institutions.

(A) Since newly-established public institutions have ordinarily only begun the process of assembling the resources necessary to offer instruction, application of the usual review process would be inappropriate. As a consequence, new public institutions must develop a five- (5-) year academic plan that projects those programs the institution intends to develop during this period based upon a need analysis it has conducted. The institution must also provide satisfactory evidence that it can reasonably expect to acquire the resources necessary to support these programs. The institution must submit annual updates on the plan and its progress toward full implementation. At these times the institution may request revisions in its original plan.

(B) Subject to CBHE approval of the plan, the new institution may offer these programs for a period not to exceed five (5) years. During this time the institution must submit formal proposals for new program approval; however, the submission of these programs may occur on a schedule convenient to the institution. Those programs that have not received regular approval by the end of the five- (5-) year planning period shall be terminated, or the resources associated with the program shall be withdrawn from the institution’s funding base for the

purpose of developing future state appropriation requests.

(C) Notice. Prompt notice of the results of all academic program approval and review actions by the board or its designee, including any pertinent comments relating thereto, will be sent to the CBHE whenever the action decision has been delegated, to all higher education institutions and to the public in a manner deemed appropriate by the commissioner.

(3) General Program Review for Independent Institutions.

Except for subsections (4)(A), (4)(B), the right to appeal provided in section (8), and any pertinent definitions in section (1), this

rule does not apply to independent institutions. Independent institutions shall submit all new degree and certificate programs for CBHE review according to the procedure in either subsection (4)(A) or (4)(B), as determined by department staff. The CBHE may offer nonbinding recommendations on such program proposals, and may use submitted information to aid the analysis of public institutions’ program proposals.

Submission of new program information is a prerequisite to receiving any funds administered by the CBHE in accordance with section 173.005.2(9) and (10), RSMo, but receipt of such funds does not depend on receipt or compliance with CBHE comments or recommendations. In no event, section (4) of this

rule notwithstanding, will independent institutions’ program proposals be subject to CBHE approval.

(4) Types of Review.

(A) Staff Review.

1. Minor changes to existing academic programs and the addition of some certificates may be addressed through a staff review. Institutions shall report all minor changes to ensure that the state program inventory is accurate and complete.

2. Requests for minor changes to existing academic programs must be submitted to the department on forms provided by the department. The following guidelines apply to specific change requests:

A. Moving an existing program to inactive status.

(I) Programs placed on inactive status will be suspended for a specified period not to exceed five (5) years.

(II) Students in the program at the time this status is adopted will be permitted to conclude their course of study if they have no more than two (2) years of coursework remaining, but no new students may be admitted to the program.

(III) At the conclusion of the designated inactive period, not to exceed five (5) years, the institution must review the program’s status and may either delete it or reactivate it.

(IV) Only programs and certificates may be placed in inactive status; options are deleted through the program deletion process;

B. Program deletion. At the time an institution notifies the Higher Learning Commission (HLC) in writing about the circumstances for which HLC requires a teach-out agreement, the institution must also notify the department. Institutions must provide program name, level, CIP code, and effective date of deletion;

C. Location notification. This includes change of address updates, and notifications of closed locations. Notifications of closed locations must also include the list of programs to be deleted at the location;

D. Change of program title or CIP code. A title, CIP code, or nomenclature revision that includes substantive curriculum changes may be deemed tantamount to a new program and may be referred to the institution for consideration at the routine or comprehensive review level;

E. Combination programs. Combination programs will be reviewed at the staff review level for the elimination of duplicated requirements. The development of interdisciplinary programs and area study programs that utilize the resources of several existing programs will be reviewed through the routine or comprehensive new program approval process.

However, proposals that combine two (2) or more programs ordinarily involve a substantive curricular change, which must be reviewed in the comprehensive process described in subsection (5)(C);

F. Certificate programs. Single-semester certificate programs, either as a stand-alone or as part of a parentdegree program, will be considered under staff review. A one- (1-) year certificate may be considered under staff review only if developed from, directly related to, and deriving courses predominantly from an approved parent degree program. Otherwise, one- (1-) year certificate proposals must be submitted as a new program at the routine or comprehensive review level, as appropriate;

G. Graduate certificates. Graduate certificates greater than a single semester in length may be approved at the staff review level if they are part of an existing approved parent degree program. Graduate certificates greater than a single semester that are not part of an approved parent degree must be submitted as a new program at the routine or comprehensive review level, whichever is appropriate; and H. Adding an option to an existing program. The addition of a specialized course of study as a component of an umbrella degree program may be submitted as a program change subject to a determination by the CBHE or its designee regarding the potential for unnecessary or inappropriate duplication of existing programs, in accordance with subsection (9)(C) of this

rule. Only in those instances in which duplication is necessary and appropriate may the proposed option be implemented.

Options within a parent degree program will have the same CIP code as the parent degree. The institution shall provide evidence that the proposed option functions as a component of an umbrella degree program, including the curriculum common to the parent degree and all of its options.

(I) The following general guidelines distinguish a permissible option addition from a proposed new degree program:

(a) An option or emphasis area generally functions as a component of an umbrella degree program. As such, an option in a specialized topic will consist of a core area of study in the major plus selected topical courses in the specialty.

Typically, the core area of study will constitute a majority of the requirements in the major area of study as measured in the number of required courses or credit hours;

(b) A proposed option or emphasis area must be a logical component or extension of the umbrella degree program. One (1) measure of this compatibility—but not the only one—would be the consonance of the proposed addition with the federal CIP taxonomy. For instance, using physics as an example, optics would be an appropriate option (emphasis area) while astrophysics would ordinarily not be acceptable as it is typically viewed as a branch of astronomy rather than physics;

(c) The number of new courses required to implement a new option or emphasis area is relevant. Four (4) or more new courses in a proposed new option will raise questions about resource commitments and suggest that a new program has been developed; and (d) The need to develop new courses as a condition of implementing an option is a relevant consideration.

3. Review and reporting. Department staff will review requests for minor changes to existing academic programs.

Department staff may request additional information from the 4. Timeline. For all requests submitted by the first of the month, department staff will process, review, and report back to institutions by the end of that same month. Department staff will report routine review actions to the CBHE at the next regular board meeting following completion of review.

(B) Routine Review.

1. Proposals for new academic programs that are not minor, but do not constitute a significant change in an institution’s current role, scope, or mission will be reviewed under the routine review process. For a proposed program to be considered through routine review, it must meet all of the following criteria:

A. The program is clearly within the institution’s CBHEapproved mission;

B. The program will not unnecessarily duplicate an existing program in the applicable geographic area, as described in subsection (9)(C) of this rule;

C. The program will be offered at the main campus or at a CBHE-approved off-site location;

D. The program will build on existing programs and faculty expertise; and E. The cost to launch the program will be minimal and within the institution’s current operating budget.

2. The following proposals will be considered under the routine review process:

A. Substantive curricular changes to an existing program;

B. Delivery of an approved program at a CBHE-approved off-site location; and C. New degree programs offered on the main campus, at a CBHE-approved off-site location, or within its voluntary service area, or in collaboration with an institution already approved to offer such a program.

3. Proposals for programs to be offered other than on the main campus, a CBHE-approved off-site location, or within a voluntary service area may be reviewed as a routine review if it meets both the criteria listed under (B)1.A.–E. (above) and meets the conditions A.–B. listed below. After evaluating the proposal, department staff may recommend that the proposal warrants a comprehensive review.

A. The institution already offers the program on its main campus, at a CBHE-approved off-site location, or within its voluntary service area.

B. The proposal includes a compelling rationale justifying the need for the program and why the proposing institution is best suited to deliver the program at the proposed location.

C. The proposal may include evidence that the proposing institution has communicated with the other public institutions about the proposing institution’s intention to offer the proposed program. The inclusion of this evidence may be a factor in reviewing the proposal as a routine review.

(Nota bene: This criterion is intended as a means of keeping the review on the routine review timeline. The proposing institution could include in its application, for example, letters of support from other institutions in the vicinity of the proposed program, or those who offer similar programs. Such efforts prior to submission of the application may keep the review on the routine review timeline.)

4. Process.

A. Institutions shall provide information about the proposed program to the department on forms provided by the department. This information will include certification that the proposal meets the criteria for routine review and that the program meets the criteria for all new academic programs.

Department staff may request additional information from the B. Department staff will verify and post the proposal on the department’s website to allow for twenty (20) days of public review and comment. Any institution, member of the profession, occupation, or specialized academic field, and any other interested individual may express an opinion to department staff regarding any new program proposal.

Comments must be received within twenty (20) days of the proposal’s posting on the department website.

C. The proposing public institution will address comments and feedback received. Once all concerns are resolved, the commissioner will recommend provisional approval of the program for a period of five (5) years.

(I) The public institution shall establish clearly defined performance goals for the new program to be achieved during the provisional implementation period. The public institution may revise its performance goals for the new program at any time during the designated implementation period with the concurrence of department staff.

(II) Provisional approval by the CBHE or its designee is valid for two (2) years following the first fall term after CBHE approval. If an institution has not implemented the proposal by that date, the approval will lapse and the program proposal must be resubmitted with updated information.

D. At the end of the five- (5-) year provisional approval period, the department will review the program’s viability to determine whether the CBHE’s provisional approval should become unconditional, remain provisional pending further review in two (2) years, or be terminated.

(I) Public institutions shall provide to department staff, in a manner prescribed by department staff, enrollment, graduation, and staffing data for the program, as well as a brief summary of program performance. If the program is performing as well as or better than the projections in the original program proposal, the department will recommend that the CBHE approve the program unconditionally.

(II) If the CBHE terminates provisional approval, the public institution shall take the necessary steps to close the program, which includes accommodating students currently enrolled in the program.

5. Timeline.

A. Requests submitted by the first of the month will be reviewed and processed, and in most cases institutions will be notified, by the end of that same month. Department staff will report routine review actions to the CBHE at the next regular board meeting following completion of review.

(C) Comprehensive Review.

1. Proposed new academic programs that meet any of the following criteria will be subject to a comprehensive review:

A. The institution will incur substantial costs to launch and sustain the program;

B. The program will include the offering of degrees at the baccalaureate level or higher that fall within the Classification of Instructional Programs (CIP) code of 14, Engineering;

C. The program is outside an institution’s CBHE-approved mission;

D. The program will include the offering of a doctoral degree, as further described in paragraph (9)(C)3. of this rule (applicable only to non-University of Missouri institutions);

E. The program will include the offering of a professional degree, as further described in paragraph (9)(C)3. of this rule (applicable only to non-University of Missouri institutions); or F. The program will include the offering of an education specialist degree.

2. Elements of a Complete Proposal for Comprehensive Review. Institutions shall submit the proposal to the department on forms provided by the department. A complete proposal includes the following:

A. Evidence of good faith effort to explore the feasibility of collaboration with other institutions whose mission or service region encompasses the proposed program. At a minimum, this will include letters from the chief academic officers of both the proposing institution and other institutions involved in exploring the feasibility of collaboration attesting to the nature of the discussions and explaining why collaboration in this instance is not feasible;

B. Evidence that the offering institution is contributing substantially to the CBHE’s Blueprint for Higher Education as adopted on February 4, 2016, pursuant to section 173.020(4), RSMo, and is committed to advancing the goals of that plan;

C. Evidence of institutional capacity to launch the program in a high-quality manner, including:

(I) An external review conducted by a team including faculty experts in the discipline to be offered and administrators from institutions already offering programs in the discipline and at the degree level proposed. The review must include an assessment of the offering institution’s capacity to offer the new program in terms of general, academic, and student service support, including faculty resources that are appropriate for the program being proposed (e.g. faculty credentials, use of adjunct faculty, and faculty teaching workloads);

(II) A comprehensive cost/revenue analysis summarizing the actual costs for the program and information about how the institution intends to fund and sustain the program;

(III) Evidence indicating there is sufficient student interest and capacity to support the program, and, where applicable, sufficient capacity for students to participate in clinical or other external learning requirements, including library resources, physical facilities, and instruction equipment; and (IV) Where applicable, a description of accreditation requirements for the new program and the institution’s plans for seeking accreditation; and D. Evidence that the proposed program is needed, including:

(I) Documentation demonstrating that the program does not unnecessarily duplicate other programs in the applicable geographic area, as described in subsection (9)(C) of this rule;

(II) A rigorous analysis demonstrating a strong and compelling workforce need for the program, which might include data from a credible source, an analysis of changing program requirements, the current and future workforce, and other needs of the state, and letters of support from local or regional businesses indicating a genuine need for the program; and (III) A clear plan to meet the articulated workforce need, including:

(a) Aligning curriculum with specific knowledge and competencies needed to work in the field(s) or occupation(s) described in the workforce need analysis in part (II) of this subparagraph;

(b) Providing students with external learning experiences to increase the probability that they will remain in the applicable geographic area after graduation; and (c) A plan for assessing the extent to which the new program meets that need when implemented.

3. Process.

A. Department staff will verify and post the proposal on the department’s website to allow for twenty (20) days of public review and comment. Any institution, member of the profession, occupation, or specialized academic field, and any other interested individual may express an opinion to department staff regarding any new program proposal.

Comments must be received within twenty (20) days of the proposal’s posting on the department’s website.

B. Department staff, in consultation with the external review team described in part (4)(C)2.C.(I) of this rule, will review a complete proposal and provide feedback to the C. The proposing public institution will address comments and feedback received. Once all concerns are resolved, the commissioner will recommend provisional approval of the program for a period of five (5) years.

(I) Public institutions shall establish clearly defined performance goals for the new program to be achieved during the provisional implementation period. The public institution may revise its performance goals for the new program at any time during the designated implementation period with the concurrence of department staff.

(II) Public institutions must report annually to the CBHE on the number of students completing the program, financial performance of the program, job placement rates of program graduates, success on any applicable licensure exams, and the extent to which the program is meeting the needs it was designed to address.

(III) Provisional approval by the CBHE or its designee is valid for two (2) years following the first fall term after CBHE approval. If an institution has not implemented the proposal by that date, the approval will lapse and the program proposal must be resubmitted with updated information.

D. At the end of the five- (5-) year provisional approval period, the department will review the program’s viability to determine whether the CBHE’s provisional approval should become unconditional, remain provisional pending further review in two (2) years, or be terminated.

(I) Public institutions shall provide to department staff, in a manner prescribed by department staff, enrollment, graduation, and staffing data for the program, as well as a brief summary of program performance. If the program is performing as well as or better than the projections in the original program proposal, the department will recommend that the CBHE approve the program unconditionally.

(II) If the CBHE terminates provisional approval, the public institution shall take the necessary steps to close the program, which includes accommodating students currently enrolled in the program.

4. Timeline.

A. Proposals must be submitted to the CBHE by July 1 of each year. The CBHE, in its sole discretion, will determine which proposals to evaluate, and will announce its evaluation decision(s) in September. Final decisions to approve programs will ordinarily be made by February.

(5) Off-campus and Out-of-district Degrees and Courses.

(A) In addition to submitting proposals for new certificate and degree programs for on-campus offerings, an institution must submit a new program proposal if more than half the major requirements for the degree can be completed at an off-campus site for four- (4-) year institutions or at an out-ofdistrict site for two- (2-) year institutions. (For the purposes of this section, major requirements include course requirements in the specific area of concentration only; general education requirements and free electives will not be a factor in this determination.)

(B) All formal two-plus-two (2 + 2) curricular agreements must be submitted for review if either the sponsoring institution or the host institution is publicly supported.

(C) Types of Off-Campus Instructional Sites Requiring CBHE Approval. The following off-campus instruction sites require CBHE approval:

1. Residence centers, as defined in 6 CSR 10-6.020(1);

2. Off-campus instruction as defined in 6 CSR 10-6.030(1)

(C); and 3. Out-of-district instruction as defined in 6 CSR 10-6.030(1)

(D).

(D) Special Procedure for Multiple-campus Institutions.

1. Multiple-campus four- (4-) year institutions must submit separate program proposals for individual campuses, subject to certain exceptions for cooperative degree programs that are defined in subsequent paragraphs. For the purposes of cooperative degree programs, residence centers are not separate campuses.

2. New program authorization for one (1) campus of a multiple-campus two- (2-) year public institution may be extended to all other campuses within a district at the discretion of the sponsoring institution, provided the sponsoring institution informs the CBHE of all academic programming available at each campus.

(E) Cooperative Intercampus Degree Program for Public Institutions.

1. A cooperative intercampus degree program extends an academic program authorized by the CBHE on one (1) of an institution’s campuses to one (1) or more of its other campuses (not including residence centers) under the following conditions:

A. The campus authorized to provide the program will continue to do so;

B. The program is cooperative in nature, that is, it involves the faculty and resources of each participating campus;

C. The program must be included in the institution’s plan and be consistent with the mission statement for the receiving campus; and D. The program must meet the accreditation guidelines of the appropriate national accrediting body, if any exists, as well as any applicable state licensure requirements.

2. Subject to the previously mentioned definition, a cooperative intercampus program is distinct from the more typical new program model in which a program is developed as a new, free-standing entity on a campus.

3. The procedures and criteria for the review of cooperative intercampus programs are the following:

A. Following the endorsement by the president and the governing board of the institution, the program shall be sent to the CBHE or its designee for review at least one hundred twenty (120) days prior to the proposed implementation;

B. It is the institution’s responsibility to document the economic development opportunity or the need the proposed program is designed to address, including specific workforce needs at the state or regional level;

C. Additional expenditures associated with the proposed program will be defined. If the resource needs cannot be satisfactorily addressed by internal reallocation or alternative delivery systems, the program will be included in the institution’s next budget request for state support; and D. The CBHE or its designee will review the cooperative intercampus program on an expedited basis involving a period not to exceed sixty (60) days. In the event the program is not approved by the board’s designee, the decision may be appealed to the CBHE following established program appeal procedures.

(6) Use of Consultants.

(A) In addition to evaluating written proposals, the board or its designee, in some circumstances, may use the services of consultants. It is anticipated that this procedure will be used primarily for comprehensive reviews.

(B) These consultants must be individuals who are mutually acceptable to the board and to the public institution whose program is under consideration. Both the commissioner and the public institution may recommend consultants, but the ultimate selection of the consultant must be agreeable to both.

(C) Services of consultants will be paid for by the public institution whose program is pending.

(D) Consultants may be used in the following circumstances:

1. At the request of either the commissioner or the public institution pending an unfavorable recommendation by department staff;

2. For some health-related professions or high technology programs whenever clinical facilities, laboratory facilities, equipment, or other aspects of the program need professional evaluation; or 3. In instances in which a judgment is difficult to make without the evaluation of professionally qualified external consultants.

(7) Programs Reviewed Jointly by the Coordinating Board for Higher Education and the Department of Elementary and Secondary Education.

(A) A public institution requesting financial reimbursement for a new program from vocational/technical funds administered by the Department of Elementary and Secondary Education must submit at the same time a copy of the proposal in the CBHE’s format to the Division of Career and Adult Education of the Department of Elementary and Secondary Education in accordance with the instructions of that office.

(B) The coordinating board and the Department of Elementary and Secondary Education concur on the following procedures and understandings for effecting cooperation between the two (2) agencies in the exercise of their respective responsibilities regarding the development of vocational/technical programs in Missouri colleges and universities:

1. The responsibilities of the Department of Elementary and Secondary Education to approve courses of instruction for vocational/technical financial reimbursement and of the CBHE to approve new degree and certificate programs are independent responsibilities and are not contingent one upon the other. However, as a general policy the Department of Elementary and Secondary Education will not approve financial reimbursement requests which are components of degree or certificate programs not approved by the coordinating board;

2. CBHE staff will notify Department of Elementary and Secondary Education staff of the development of any vocational/technical program, and members of both staffs will confer on all vocational/technical degree and certificate programs submitted to the coordinating board; and 3. The Division of Career and Adult Education of the Department of Elementary and Secondary Education will receive notification of the commissioner’s actions on all vocational/technical program proposals.

(8) Appeal Procedure. In the event of an appeal of a program review action for a public institution, the following procedures apply:

(A) Any of the following parties may initiate an appeal of a program action decision:

1. The public institution submitting the original proposal;

2. Any Missouri higher education institution that believes its interests are adversely affected by the program decision; or 3. Any member of the CBHE, in the event the original decision was made by the board’s designee;

(B) An appeal originating with a higher education institution must be signed by the chief executive officer of the institution;

(C) A letter of intent to appeal must be received by the commissioner within thirty (30) days of receipt of the official notice of the program decision. If the appeal is initiated by a party other than the public institution that proposed the program, a copy of the intent to appeal letter and all other subsequent documentation must be sent to the sponsoring institution;

(D) The new program may not be implemented while an appeal is pending;

(E) Within fourteen (14) days after a letter of intent to appeal has been submitted, the appealing party must submit its full rationale in support of the appeal to the commissioner and to any affected institutions. This rationale should summarize the appellant’s justification for a review of the program decision and should include any relevant supporting evidence;

(F) This rationale and the responses of the commissioner and any affected institutions will be placed on the agenda of the next meeting of the CBHE, provided that the next meeting is scheduled at least fourteen (14) days after receipt of the rationale. If the rationale is received less than fourteen (14) days before the next meeting, the request for an appeal will be heard by the CBHE at its next regularly scheduled meeting;

(G) The CBHE chair will refer the matter to a relevant committee of the CBHE. A public meeting of the committee will be scheduled at which time testimony will be presented by all interested parties, and the committee will make its determination;

(H) In those instances when a member of the CBHE has initiated a review of a decision by the board’s designee, the chair of the board will receive copies of all relevant documents.

Provided that a majority of the board agrees that an appeal should be heard, the board may decide either to refer the matter to a relevant committee of the CBHE. If the matter is heard by the committee, the same procedures will apply as if the appeal were initiated by an institution. If the matter is heard directly by the board, the chair of the board will establish the appropriate procedural guidelines; and (I) All decisions of the body hearing the appeal, whether the full CBHE or its committee, will be final.

(9) General Review Criteria for New Degree and Certificate Programs.

(A) Mission and Planning Priorities.

1. The proposed new program must be consistent with the institutional mission, as well as the principal planning priorities of the public institution, as set forth in the public institution’s approved plan or plan update.

2. The CBHE will determine if proposed programs are consistent with a public institution’s plan or plan update as approved by the CBHE. Except in unusual circumstances, only those proposed new programs submitted by a public institution that are consistent with the institution’s mission statement and, when appropriate, anticipated in its approved institutional plan, will be eligible for approval and implementation.

(B) Need for the Proposed Program.

1. Public institutions shall clearly demonstrate and document demand and/or need for the program in terms of meeting present and future needs of the locale and the state, although it is recognized that for program approval purposes state needs are a part of broader national needs. Three (3) kinds of needs may be identified— A. Societal needs;

B. Occupational needs relative to upgrading vocational/ technical skills or meeting labor market requirements; and C. Student needs for a program.

2. Some programs may be desirable on the basis of their cultural contribution or social value or potential to serve student interests independent of labor market or demand considerations. However, in these instances the societal and student need for the program must be clearly demonstrated by the public institution submitting the proposal.

3. Public institutions proposing new programs at the routine level must certify that employment and student demands exist, are backed by compelling data, and will be served by the new program. The kinds of information and data used will vary somewhat with the type of program proposed but may include the following: personnel and employment projections prepared by the Bureau of Labor Statistics and the Missouri Occupational Information Coordinating Committee (MOICC) as well as professional and trade associations; surveys of potential employers, including numbers of anticipated vacancies and training requirements; and surveys of potential student interest.

4. Adequate data should support projections for the number of students who are expected to enter the program.

Program enrollment should be sufficient to ensure a quality educational experience and make efficient use of resources.

5. As an additional indicator of need, the public institution shall explain how program success will be defined and measured, particularly if that definition includes measures in addition to the conferral of a degree or certificate.

6. Determination of need for a new program will be based in part upon an assessment of the function to be served by the program and the availability of alternative sources of education in a given service area. Availability of spaces in the same or similar programs in all institutions in the state offering postsecondary programs will be taken into account, as will possibilities for interinstitutional arrangements, including contracting as provided by statute.

(C) Duplication of the Proposed Program.

1. A public institution’s proposed program shall not be unnecessarily duplicative of other Missouri institutions’ programs. Ordinarily, proposed programs in basic liberal arts and sciences at the baccalaureate level would not be considered unnecessarily duplicative, provided sufficient student demand can be demonstrated. Unnecessary duplication is a more specific concern in graduate, technical, and professional programs which meet special labor market needs.

2. Unnecessary or inappropriate duplication will be determined by assessing the following factors in descending order of priority: the relevance of existing programming; the availability of alternative educational delivery systems; the extent of student demand; state or regional work force demand; and access considerations such as geographic availability, student population served, and cost of instruction.

3. No public institution other than the University of Missouri and its campuses may offer a Ph.D. or professional practice doctorate (a.k.a. “first-professional degree”) without CBHE approval pursuant to subsection (4)(C) of this rule.

A. All first-professional degree programs are closely regulated by recognized professional and specialized accrediting agencies. Some first-professional degrees require a prior degree, but this is not true of all. First-professional degrees include the following:

(I) Chiropractic (D.C. or D.C.M.)

(II) Dentistry (D.D.S. or D.M.D.)

(III) Law (L.L.B., J.D.)

(IV) Medicine (M.D.)

(V) Optometry (O.D.)

(VI) Osteopathic Medicine (D.O.)

(VII) Pharmacy (Pharm.D.)

(VIII) Podiatry (D.P.M., D.P., or Pod.D.)

(IX) Theology (M.Div., M.H.L., B.D., or Ordination)

(X) Veterinary Medicine (D.V.M.)

B. The Ph.D. in any discipline is generally recognized as a research degree, typically requiring completion of original research or evidence of artistic accomplishment.

Ph.D. programs require unique faculty, student/faculty ratios, assigned teaching loads, and infrastructure and financial support.

(D) Program Structure.

1. Existing programs can be strengthened and enriched when appropriate new courses and certificate or degree programs are added to the curriculum. A proposed program should be based on existing strengths of the public institution rather than be composed entirely of new courses. Off-campus degree programs must be based on existing on-campus degree programs.

A. Normally, graduate programs should be built upon strong baccalaureate programs which can support advanced study through basic library holdings, faculty resources, and appropriate research facilities and funds. It is, however, recognized that some graduate programs in universities and medical schools do not require supporting undergraduate baccalaureate majors in that field.

B. New public institutions in the process of being established may also be considered exceptions to this general expectation, but special procedures have been established in this rule to accommodate the developing institution.

2. There will be a carefully planned and systematic program of study for the proposed program which is clear and comprehensive. The structure of a new program must take into account, and be demonstrably consistent with, program objectives and intended student learning outcomes.

A. The linkage between program requirements and anticipated learning outcomes shall be delineated. Required courses in the major must not be excessive and should be consistent with customary expectations for the type of degree proposed.

B. The curriculum of the proposed program must reflect the requirements of any accrediting or certifying body if the public institution elects to apply for accreditation or certification. (This statement is not intended to imply that specialized accreditation should be an institutional goal.)

C. Unless necessary for accreditation or licensure, new baccalaureate degrees should consist of no more than one hundred twenty (120) semester credit hours and new associate degrees should consist of no more than sixty (60) semester credit hours.

3. Innovative programs of study shall also contain an orderly and identifiable sequence of education experiences that lead to a recognizable goal.

A. The awarding of credit for any experiential learning, credit by examination, off-campus courses, etc., shall be consistent with both established institutional and CBHE policies. The requirements for off-campus programs must be fully comparable to those for similar on-campus programs. If these requirements are not the case for the proposed program, the rationale for the difference must be clearly explained.

B. The policies and procedures for granting experiential credit and/or credit by examination (including the maximum number of such credit hours which are applicable to a specific degree program and the minimum scores which are acceptable) must be clearly specified in written guidelines available to the student. The maximum number of experiential credit hours applicable to a specific degree program must be the same for students enrolled at off-campus locations as for students enrolled on-campus.

4. In general, courses offered for credit off-campus must be

part of the regular catalogue offerings of the public institution and must be applicable to programs in the same manner as courses taken on-campus. Special courses developed solely for off-campus teaching must be limited and consistent with the mission of the public institution. The standards for awarding credit to students enrolled at off-campus locations must be the same as the standards applied to students enrolled on campus.

5. Each public institution’s policy concerning residency for academic study purposes (as distinct from fee level) must be stated clearly regarding the number of credit hours applicable to a degree program which must be earned in-residence on its campus and must explicitly define in-residence.

(E) Faculty Resources. Faculty resources must be appropriate for the program, given the sponsoring public institution’s mission and the character of the program to be developed.

1. The minimum educational attainment of the faculty must be the appropriate degree and/or occupational or other equivalent experiences commensurate with the degree level of the proposed program. While the doctorate, in most instances, is the appropriate terminal degree for baccalaureate and graduate programs, the Master of Fine Arts (MFA) or a similar degree is often considered a terminal degree. If accreditation is a desired goal of the program, the number of terminal degree holders must meet the minimum requirements of the appropriate accrediting association.

2. Adjunct faculty are an important and necessary component of some programs, particularly those programs that require a high degree of vocational/technical competence.

However, programs must involve credentialed full-time faculty in teaching, program development, and student services. If a program will involve more than fifty percent (50%) adjunct faculty, the rationale for the use of adjunct faculty must be documented and approved by the coordinating board or its designee.

3. Adjunct faculty, when utilized, must possess the same or equivalent qualifications as the regular faculty of the public institution and be approved by the academic unit through which the credit is offered. The responsibilities of adjunct faculty will be specified in such a manner that their involvement in program development and academic advising is assured, or that these activities are provided by other appropriate means.

4. Expected faculty workloads must be appropriate and consistent with good educational practice and expressed in student credit hours per full-time equivalent faculty member in the administrative unit that will support the proposed program. This information, of course, must be evaluated in the context of the sponsoring institution’s mission, the mission of the proposed program, and the character of the discipline from which the proposed program is an outgrowth.

(F) Library Resources.

1. Qualitative and quantitative factors of library resources must be appropriate for the proposed program, given the sponsoring public institution’s mission and the character of the program to be developed. Books, periodicals, microfilms, microfiche, monographs, and other collections must be sufficient in number, quality, and currency to serve the program. Adequacy of the library personnel and of facilities to service the proposed program in terms of students and faculty will be considered. While some technical programs may not demand the same type or extent of holdings and services conventional arts and science programs do, these factors must be adequate.

2. Access to interlibrary loans and to libraries at other institutions or in other cities will be indicated. Interlibrary loans and reciprocal loan privileges at local libraries may constitute valuable resources for the program. However, within this framework, adequate library material must be available at the public institution which proposes the program. If the program is to be taught off-campus, access to adequate library resources must be provided.

(G) Physical Facilities and Instructional Equipment. The public institution shall provide physical facilities and instructional equipment adequate to support the program and space for classrooms and for staff and faculty offices. Laboratories for studies in the technologies and sciences must be designed to provide maximum utilization of facilities, materials, and equipment, which may include specialized equipment such as computer terminals and audiovisual aids, or other special resources. The public institution offering these courses offcampus must assure that appropriate support requirements are met.

(H) Administration and Evaluation.

1. Administration of the proposed programs should not be unduly cumbersome or costly and ideally, fit into the public institution’s current administrative structure. If administrative changes are required, they should be consistent with the organization of the public institution as a whole and necessitate a minimum of additional expense in terms of personnel and office space.

2. Proposals for jointly sponsored programs should include adequate plans for cooperative administration.

3. Each public institution shall set forth not only the administrative organization but also the instructional supervision and evaluation procedures for the program. These procedures must include evaluation of courses and faculty by students, administrators, and departmental personnel.

Curriculum review procedures established by each public institution for its program offerings must include standards and guidelines for the assessment of student outcomes as defined for the program and consistent with the institutional mission.

4. In the event that program authorization is withdrawn or approval is denied, if the sponsoring public institution chooses to continue the new program rather than terminate it, the resources associated with the program will be withdrawn from the public institution’s funding base for the purpose of developing future state appropriation requests.

(I) Finances.

1. Suitable financing for initiating proposed programs must be available. Programs should be financed with fees from students new to the institution, funds that have been reallocated from institutional sources or grants, contracts, or sources other than normal state appropriations for higher education.

2. In those circumstances for which one- (1-) time or limited duration funds are an integral component of the financing arrangements for a new program, the institution must also define a transition plan for the period when the one- (1-) time or limited duration funds cease to be available.

3. The proposed program may require phasing-out of some existing program(s) to reallocate institutional resources for new programs that are a logical outgrowth of existing public institutional strengths and consistent with the approved public institutional plan or plan update.

4. Ordinarily, approval will be extended only for those programs that meet these requirements unless the sponsoring public institution specifically requests additional state funds for program implementation. In this event, approval will be conditional on actual receipt of these funds through the legislative process.

History

• AUTHORITY: section 173.030, RSMo 2016, and section 173.005(2), RSMo Supp. 2018. Original rule filed Feb. 13, 1979, effective June 18, 1979. Rescinded and readopted: Filed July 18, 1989, effective Oct. 15, 1989. Amended: Filed Oct. 22, 2018, effective May 30, 2019. Original authority: 173.030, RSMo 1963, amended 1988, 1990, 1995, 2014 and 173.005, RSMo 1973, amended 1983, 1985, 1999, 2003, 2005, 2007, 2010, 2012, 2013, 2016, 2018.

6 CSR 10-4.020 Information and Data Collection {#sec-6-csr-10-4.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-4.020}

(Rescinded October 1, 1988)

6 CSR 10-4.021 Information and Data Collection {#sec-6-csr-10-4.021 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-4.021}

PURPOSE: The purpose of this rule is to set forth the procedures for collecting information and data, from all institutions of higher education in the state, by the Coordinating Board for Higher Education as required by the Omnibus State Reorganization Act of 1974.

(1) Policy. The Coordinating Board for Higher Education under

section 6 of the Omnibus State Reorganization Act of 1974 is directed to collect the necessary information and develop comparable data for institutions of higher education in the state to be used to delineate the areas of competence of these institutions and for any other purposes deemed appropriate by it. This rule establishes the procedures to be followed by the institutions of higher education in submitting information and data to the Department of Higher Education. The rule specifies sanctions which the coordinating board may impose upon an institution of higher education that willfully fails or refuses to comply with the policies and procedures established by this rule and specifies procedures for a hearing to be held whenever the coordinating board acts to apply sanctions.

The coordinating board will administer this rule through the Department of Higher Education and the commissioner.

(2) Definitions.

(A) Institution of higher education means an institution which provides a collegiate level course of instruction for a minimum of two (2) years leading to or directly creditable toward at least an associate degree or any professional or other degree including, but not limited to, the baccalaureate, master’s, specialist and doctoral degrees.

(B) Private institution means a not-for-profit institution dedicated to educational purposes, located in Missouri which is operated privately under the control of an independent board and is not directly controlled or admin istered by any public agency or subdivision.

(C) Public institution means an educational institution located in Missouri which is directly controlled or administered by a public agency or subdivision and which receives some appropriations in a direct or indirect manner for operating expenses from the general assembly.

(D) Approved institution means an educational institution as defined in sections 173.205.2. or 173.205.3., RSMo (1986).

(E) Coordinating board means the Coordinating Board for Higher Education created by the Omnibus State Reogranization Act, Appendix B, section 6.2, RSMo (1986).

(F) Department means the Department of Higher Education created by the Omnibus State Reorganization Act, Appendix B,

section 6.1, RSMo (1986).

(G) Commissioner means the commissioner of higher education as appointed by the Coordinating Board for Higher Education.

(H) New program means an academic, occupational or professional certificate or degree program developed for initial offering to students— 1. On the campus of a single campus institution of higher education;

2. On a campus of a multi-campus institution of higher education on which campus such program has not been previously offered; or 3. At an off-campus site of any public institution of higher education, if one-half (1/2) or more of all the requirements needed to complete the new program may be met at an offcampus site.

(3) Data and Information Collection Procedures.

(A) No later than the first day of June of each year, the commissioner shall issue a class A information and data schedule for the forthcoming academic year. A copy of the schedule shall be mailed by certified mail, return receipt requested, to the president of record of each public and private institution of higher education in the state, and shall detail all items of class A information and data required for the forthcoming academic year. Class A information and data are those collected by the department on a regularly recurring

basis from all institutions of higher education in Missouri, or from an identifiable group of Missouri higher education institutions, and shall include, but not necessarily be limited to, information and data on enrollment, programs, finances, facilities, libraries, faculty and staff, and students. No class A information and data shall fall due until at least thirty (30) days after the date of the commissioner’s request.

(B) Any time during the year, the commissioner may request items of class B information and data. Class B information and data are those collected by the department on an irregular basis from all institutions of higher education or from an identifiable group of Missouri institutions and shall include special surveys which the department finds necessary for the coordination of Missouri higher education. No class B information and data shall fall due until at least thirty (30) days after the date of the commissioner’s request.

(C) At any time during the year, the commissioner may request items of class C information and data necessary for the coordination of Missouri higher education. Class C information and data are those collected by the department on an irregular

basis from a single institution of higher education and shall include special surveys which the department finds necessary to the coordination of Missouri higher education. No class C information and data shall fall due until at least thirty (30) days after the date of the commissioner’s request.

(D) At least one hundred twenty (120) days prior to the implementation of a new academic degree or certificate program to be offered by a private institution of higher education, the institution shall send to the commissioner class D information and data. Class D information and data are those detailing new academic degree or certificate programs under development by private institutions. Class D information and data shall be submitted in departmental format required for new programs. New program proposals from state institutions of higher education are governed by the provisions of 6 CSR 10-4.010.

(E) At any time during the year, the commissioner may request that class E information and data be submitted to the department. Class E information and data are those facts necessary for the evaluation of existing certificate or degree programs being offered by an institution of higher education in Missouri. Submission of class E information and data shall not be required until at least ninety (90) days after the date of the commissioner’s request.

(F) No information submitted under subsections (A)–(E) in this rule, treated as privileged by applicable federal statutes, shall be open to public inspection unless ordered by a court of competent jurisdiction. Information and data filed with the commissioner pursuant to this rule which specifically relates to the financial operations of individual, private institutions of higher education will be kept confidential and will not be made available to the general public.

(4) Submission Procedures. All requested information and data shall be submitted on departmentally-approved forms or according to departmentally-approved processes, which shall be complied with at fully and completely as good faith and best effort by an institution allows. If the coordinating board reasonably considers any partial, incomplete or misleading response to have been submitted with an intent to withhold available information and data or to purposefully mislead the coordinating board in its information and data-collecting role, such action may serve as cause for scheduling of a hearing leading to the possible imposition of sanctions upon that institution.

(5) Sanctions. If any institution of higher education in this state, public or private, willfully fails or refuses to follow any lawful guideline, policy or procedure established by the coordinating board, or knowingly deviates from any such guideline, or willfully acts without coordinating board approval where such approval is required, or knowingly fails to comply with any other lawful order of the coordinating board, the coordinating board, after a public hearing, may withhold or direct to be withheld from that institution any funds, the disbursement of which is subject to its control or the coordinating board may remove the approval of the institution as an approved institution within the meaning of section 173.205, RSMo (1986).

(6) Hearing Procedure. In the event that an approved institution shall have its approved institution status challenged, or the coordinating board shall propose to withhold, or direct to be withheld from an institution, any funds, the disbursement of which is subject to its control, the coordinating board shall give written notice, advising the institution that a hearing is being scheduled and the notice shall state the time and place of the hearing and the issues of concern to the coordinating board which will be considered at such hearing. The decision to impose sanctions upon an approved institution of higher education rests within the discretion of the coordinating board.

Hearings in respect thereto shall be conducted in accordance with provisions of Chapter 536, RSMo (1986).

History

• AUTHORITY: Omnibus State Reorganization Act, Appendix B, sections 6.2(7), 6.2(8) and 6.2(9) and section 173.030.1, RSMo (1986). Emergency rule filed Jan. 15, 1980, effective Jan. 25, 1980, expired May 24, 1980. Original rule filed Jan. 15, 1980, effective April 11, 1980.

6 CSR 10-4.030 Approval of Credit Hour Courses for Community Junior Colleges {#sec-6-csr-10-4.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-4.030}

(Rescinded June 30, 2023)

rule filed Nov. 2, 1987, effective Jan. 14, 1988. Rescinded: Filed Dec. 2, 2022, effective June 30, 2023.

History

• AUTHORITY: sections 163.191 and 178.780, RSMo (1986). Original

6 CSR 10-4.040 Graduates’ Performance Report {#sec-6-csr-10-4.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-4.040}

PURPOSE: This rule establishes a procedure for annually reporting the performance of graduates of public high schools in the state during the students’ initial year in the public colleges or universities of the state in compliance with the requirements of

section 173.750, RSMo.

Editor’s Note: The following material is incorporated into this rule by reference:

1. Coordinating Board for Higher Education, Enhanced Missouri Student Achievement Study Manual. (Jefferson City, MO:

Coordinating Board for Higher Education, 1995).

In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

(1) For the purpose of this rule, unless the context clearly requires otherwise, the following terms shall be defined as follows:

(A) Coordinating board or board is the coordinating board for higher education created by section 173.005, RSMo;

(B) EMSAS is the Enhanced Missouri Student Achievement Study program operated by the board;

(C) Graduates’ performance report is the report of the performance of graduates of public high schools during the students’ initial year in a public college or university which is produced by the coordinating board pursuant to the requirements of section 173.750, RSMo;

(D) High school graduate is a student enrolled in a Missouri public college or university as a first-time, full-time degreeseeking freshman in the fall following graduation from one of the state’s public high schools;

(E) Public college or university is any public two (2)- or four (4)-year institution located in Missouri that meets the requirements set forth in subdivision (2) of 173.205, RSMo;

(F) Remedial courses or other noncollege-level courses are those courses to which a public college or university assigns institutional credit that is not creditable toward the student’s major and/or degree completion requirements; and (G) The meaning of other terms used in this rule, unless usage clearly indicates otherwise, will be consistent with the definitions contained in the Enhanced Missouri Student Achievement Study Manual.

(2) Data for the production of the graduates’ performance report will be supplied through the EMSAS data base. Public colleges or universities failing to provide information necessary to produce graduates’ performance reports will be noted on those reports as not submitting data.

(3) Graduates’ Performance Reports.

(A) Graduates’ performance reports will be produced annually and will be based on the cohort of high school graduates who enroll as first-time, full-time degree-seeking freshmen the fall following their high school graduation. The initial cohort will include those 1995-96 high school graduates who enrolled in fall 1996.

(B) Graduates’ performance reports will be provided to the State Board of Education as soon as practical after production.

The report shall include the following data:

1. College grade point average (on a four (4)-point scale) of high school graduates after the initial college year;

2. Percentage of high school graduates returning to college after first half, second half, or after each trimester of the initial college year. This percentage will be based on the number of students who continue their enrollment at a Missouri public college or university in the spring semester following their initial fall enrollment and the number of students who continue to be enrolled at a Missouri public college or university in the fall semester the year following their initial enrollment in a public college or university; and 3. Percentage of high school graduates taking noncollegelevel classes in basic academic courses during the first college year or remedial courses in basic academic subjects of English, mathematics, reading, or other disciplines.

(C) Graduates’ performance reports will not contain the name of any student nor will grade point averages be reported in instances where fewer than four (4) students can be reported in any one reporting cell.

(D) Graduates performance reports will— 1. Display data by each ethnic and gender category;

2. Be organized by the name of each high school in the state, with student data grouped according to the high school from which the students graduated; and 3. Provide the data specified in subsection (3)(B) of this

rule for each public college or university in which high school graduates enroll.

(E) The format of the annual report to the State Board of Education will be consistent with the format developed by the State Board of Education for reporting on the performance of vocational education students as required by section 161.610, RSMo.

History

• AUTHORITY: section 173.750, RSMo (1994). Original rule filed Oct. 31, 1995, effective May 30, 1996. Original authority 1993.

Chapter 5 Regulation of Proprietary Schools

6 CSR 10-5.010 Certification of Proprietary Schools {#sec-6-csr-10-5.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-5.010}

PURPOSE: This rule sets forth the standards and procedures through which all schools covered by the statutory authority, sections 173.600 through 173.619, RSMo, may be certified to operate consistent with a public policy ensuring the legitimacy of the purpose and programs of the schools, that the schools operate as represented, and that students enrolling in the schools have financial and educational safeguards as provided in the rule.

(1) Definitions. Definitions are consistent with those set forth in the statutory authorization.

(A) “Academic progress” or “satisfactory academic progress” means the policy and procedures for periodically evaluating, measuring, and recording the extent to which each student is meeting stated course or program requirements and objectives, including timely completion of the program, and includes any consequences of failure to comply with the policy.

(B) “Accredited school” means a school that holds institutional accredited status from an accrediting body recognized by the United States Department of Education.

(C) “Advertising” means any printed, published, recorded, broadcast, electronically transmitted, or publicly presented information that markets or describes the school for any

purpose.

(D) “Agent” means any employee, solicitor, or other person who for remuneration, by any means and at a place away from the school premises or site of instruction, enrolls or attempts to enroll a resident of this state in a course or courses of instruction or study offered or maintained by a proprietary school, wherever located, or otherwise holds himself/herself out to a resident of this state as representing a proprietary school for such purposes.

(E) “Board” or “Coordinating Board” means the Coordinating Board for Higher Education created by section 173.005(2), RSMo.

(F) “Branch campus” or “branch” means a geographically separate and permanent instructional facility located in Missouri that is derived from and controlled by its main Missouri campus. A branch campus may provide complete and distinct programs and employ unique or shared instructional and administrative personnel. A branch may produce and maintain its own institutional and student records.

(G) “Certificate” means any award for successfully completing a program of instruction that does not have a degree designation.

(H) “Certificate of approval” means the document issued by the Coordinating Board indicating a school may operate in compliance with this rule and the provisions of sections 173.600 through 173.619, RSMo.

(I) “Certified” or “approved” means having been granted a certificate of approval by the Coordinating Board, pursuant to

section 173.604, RSMo.

(J) “Contact hour” or “clock hour” means a minimum of fifty (50) minutes of instruction or training during a sixty- (60-) minute period that is directed and supervised by an instructor or trainer.

(K) “Continuing education” means a course, module, or program of instruction offered by a certified school that is no more than twenty-five (25) contact hours in length that is not portrayed or advertised as having a primarily vocational or academic objective but is designed for personal or professional development of a student and typically results in the awarding of a certificate of attendance and may carry continuing education credit.

(L) “Continuous operation” means a certificate of approval to operate in Missouri that has been maintained without lapse, suspension, or revocation.

(M) “Course” means a defined and unique educational offering with discrete objectives and requirements in support of a program, regardless of how the offering is delivered. A course may be offered as a distinct program.

(N) “Credit hour” means the unit of quantitative measurement of educational attainment earned in a course, generally stated in semester, trimester, or quarter hours. The basis of measuring a credit hour shall be defined in accordance with the standards of a school’s accreditor or, in the absence of accreditation, defined to be consistent with the definition of such generally employed at institutions of American higher education, as determined by the department.

(O) “Degree” means any award, earned or honorary, conferred with the designation of associate, baccalaureate, master, education specialist, doctorate, or professional degree.

(P) “Department” means the Department of Higher Education and Workforce Development created by section 173.005(1), RSMo.

(Q) “Exempt” means having been determined to be a school eligible for release from the provisions of sections 173.600 to 173.619, RSMo, pursuant to section 173.616, RSMo.

(R) “Extension site” or “extension” means any geographically separate and either temporary or permanent instructional facility located within reasonable geographic proximity to a main or branch campus that is entirely auxiliary to and operated by a main or branch campus. An extension site shall not provide distinct programs, employ significant administrative personnel, or maintain its own institutional or student records.

(S) “Formal grievance” means a complaint against a certified school that is submitted on forms provided by the department.

(T) “Grievance policy” or “complaint policy” means a school’s internal procedures through which a student may formally make a complaint regarding actions of a school in violation of published policies.

(U) “Lapse” means a certificate of approval to operate that has not been renewed by the deadline established by the (V) “Main campus” means the primary Missouri instructional facility of a school, as so designated by the school. For accredited schools, the main campus is the one to which accreditation is directly conferred and from which other campus locations derive their accreditation.

(W) “New program” means an academic or vocational educational offering not previously approved by the department or a current offering delivered in a format not previously approved by the department. New program shall also mean an approved academic or vocational offering whose components, including but not limited to program length, required hours, and/or content, have been modified by fifty percent (50%) or more since approval of the initial program.

(X) “Non-substantive change” means a modification of a program name, classification of instructional program (CIP) code, tuition, fees, and/or the cost of books and supplies. The department does not charge a fee for non-substantive changes.

(Y) “Operate” means to establish, keep, or maintain any facility at a location or locations in this state where, from, or through which education is offered or given and shall include contracting with any person, group, or entity to perform any such act.

(Z) “Person” means any individual, corporation, partnership, association, or business entity of any kind or description.

(AA) “Physical presence” means any person or location within the state of Missouri where, from, or through which a school operates for the purpose of conducting an activity relating to postsecondary education, including the granting of certificates or degrees, or for the purpose of recruiting students. Location is defined to include any address, physical site, electronic device, or telephone number within or originating from within the boundaries of the state of Missouri. Physical presence shall also mean a formally scheduled instructional interaction organized by or through a school taking place between two (2) or more students and/or instructors within the state of Missouri.

Physical presence does not include any activity conducted by a school based outside of Missouri covered by the provisions of the State Authorization Reciprocity Agreement.

(BB) “Program” or “program of instruction” means a complete academic or vocational educational offering which fulfills the requirements for the awarding of a certificate or degree. A program may consist of one (1) or multiple courses and shall, upon satisfactory completion, fulfill an academic, occupational, or other training objective.

(CC) “Proprietary school,” “certified school,” or “school” means any non-exempt person or institution holding a certificate of approval which offers or maintains on either a profit or not-for-profit basis within the state of Missouri a course or courses of instruction or study through classroom instruction or other distance modalities.

(DD) “Public institution” means a postsecondary educational institution established by provisions of Missouri constitutional or statutory law or established by the voters of the district in which it is located.

(EE) “Religious degree” or “religious program” means any degree or program with a specific theological, biblical, divinity, or other religious designation. Religious degrees or programs shall not include those with a designation that generally denotes a secular degree, including but not limited to associate, baccalaureate, master or doctor of arts, science, humanities, philosophy, law, business, education, medicine, and other designations of non-religious disciplines.

(FF) “Substantive change” means a modification of a program’s components including but not limited to program length, required hours, and/or content.

(GG) “Transcript” or “transcript record” means a student’s permanent educational record.

(HH) “Test prep” or “test preparation course” means a course that is solely designed to enhance performance on an examination leading to occupational eligibility or admission to a postsecondary institution and does not advertise or award postsecondary credit. The Coordinating Board shall deem testprep courses or programs offered for postsecondary credit or advertised as providing postsecondary credit as proprietary schools pursuant to section 173.602, RSMo.

(2) Jurisdiction.

(A) This rule is applicable to all proprietary schools requiring a certificate of approval to operate under the provisions of sections 173.600 through 173.619, RSMo, or any person requiring an exemption from the provisions of sections 173.600 through 173.619, RSMo, by the Coordinating Board under section 173.616.2, RSMo. Any person establishing a physical presence in Missouri to operate a school, to instruct students, or to recruit students is subject to this rule. The Coordinating Board shall also deem the act of a school to grant degrees or certificates as establishing that such school engages in education and instruction and is required to obtain a certificate of approval or exempt status.

(B) After receiving a certificate of approval to operate, the school shall— 1. Operate in compliance with the standards and procedures established in this rule; and 2. Maintain institutional and student data and information, as stipulated in this rule, and make such records available for department examination.

(C) No proposed new school may operate without the issuance of a certificate of approval to operate. Certificates of approval shall be issued or denied on the basis of required estimates, assurances, or verifications of planned operations as provided in the application. Evidence that a new school is willfully failing to implement the estimates, assurances, or verifications shall be deemed grounds to revoke or suspend the certificate of approval to operate or to place the school on probation. After initial certification, application for renewal of the certificate of approval shall be on the same basis as for existing schools.

(D) Without either holding a certificate of approval to operate or being exempted from certification, any school or any agent acting in such school’s behalf is prohibited from— 1. Entering into any signed contract or agreement for enrollment in any course or program of instruction between the school or any agent acting on behalf of the school and any potential or prospective student;

2. Receiving any financial payment or promise of payment from or on behalf of any potential or prospective student;

3. Announcing, advertising, or otherwise conveying the beginning of classes or instruction or any date for the opening of the school, or otherwise soliciting students for enrollment;

4. Commencing any instructional activity;

5. Making any claim or reference to having an approved, certified, or pending applicant status with the Coordinating Board, the department, or the state of Missouri; and/or 6. Giving, awarding, or granting any certificates or degrees as defined in the authorizing statute or this rule.

(E) No school shall advertise or purport to be a Missouri school or to have a Missouri presence or use a Missouri address on its letterhead or other publications unless that school actually operates in this state and is either duly exempted from or certified under the provisions of this rule.

(F) Failure to maintain compliance with standards, procedures, or records maintenance and availability requirements shall be grounds for the revocation or suspension of a certificate of approval to operate or for placing a school on probation.

(3) Exemption.

(A) Schools That Shall Be Exempt by Statute. The following schools, training programs, and courses of instruction shall be exempt from the provisions of sections 173.600 to 173.619, RSMo, and formal application for that exemption is waived:

1. A public institution;

2. Any college or university represented directly or indirectly on the advisory committee of the Coordinating Board as provided in section 173.005.3, RSMo;

3. An institution that is certified by the board as an “approved private institution” under section 173.1102(2), RSMo; and 4. A not-for-profit religious school that is accredited by the Association of Biblical Higher Education, the Association of Theological Schools, or one (1) of the following recognized institutional accrediting agencies: Higher Learning Commission, Middle States Commission on Higher Education, New England Board of Higher Education, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools Commission on Colleges, the Accrediting Commission for Community and Junior Colleges – Western Association of Schools and Colleges (WASC), or the WASC Senior College and University Commission.

(B) Schools That Shall Be Exempted by the Coordinating Board.

Upon application to the department and documentation of eligibility, as provided in this rule, the Coordinating Board shall exempt schools, training programs, and courses of instruction from the provisions of sections 173.600 through 173.619, RSMo.

1. Only schools that maintain a physical presence in Missouri are eligible to seek exemption under this rule.

2. Once granted, a status of exemption shall be subject to renewal every five (5) years. Renewal of an exemption is subject to review of documentation confirming the continuing exempt status of the school.

3. Decision on the application for exemption or exemption renewal shall be furnished to the school in writing by letter or other electronic means. If exemption is denied, the basis for the denial shall be stated and the school will be directed to seek certification to operate. Denial of exemption may be appealed to the Administrative Hearing Commission within thirty (30) days of the denial.

4. The exempted school must be the entity awarding the degrees or certificates and must establish the educational records of students who enroll in a program of study.

5. Schools shall be exempt under the following categories:

A. Religious exemption. A not-for-profit school owned, controlled, and operated by a bona fide religious or denominational organization that offers no programs or degrees and grants no degrees or certificates other than those specifically designated as religious degrees or programs shall be exempted upon satisfactory evidence of— (I) The identity and bona fide nature of the religious denomination or organization, together with documentation of ownership, control, and operation of the school by the religious denomination or organization;

(II) The identity and designation of all degrees or certificates offered, including both honorary and earned, that are religious in nature and do not identify titles of secular or academic degrees such as associate of arts, bachelor of science, PhD, etc.; and (III) Examples of promotional materials and a copy of the student handbook or catalog clearly stating the school’s accreditation status;

B. Eleemosynary exemption. A not-for-profit school owned, controlled, and operated by a bona fide eleemosynary (charitable) organization that provides instruction with no financial charge to its students and at which no part of the instructional cost is defrayed by or through programs of governmental student financial aid, including grants and loans, provided directly to or for individual students shall be exempted upon satisfactory evidence of— (I) The identity and bona fide nature of the eleemosynary organization; and (II) The sources of income through which instructional costs are defrayed;

C. Nonvocational exemption. Personal improvement seminars and courses of instruction less than twenty-five (25) contact hours in length intended solely to enhance performance on examinations leading to occupational eligibility or admission to postsecondary education are considered avocational for purposes of this exemption category. A school that offers instruction only in subject areas that are primarily for avocational or recreational purposes (as distinct from courses that are creditable toward a certificate or degree or that teach employable or marketable knowledge or skills) shall be exempted upon satisfactory evidence that the school does not— (I) Advertise its instruction as having occupational objectives or as conveying employable or marketable skills or knowledge;

(II) Advertise or maintain placement services or cite placement rates; and (III) Grant any form of certificate or degree other than a certificate of course completion or certificate of attendance;

D. Employer exemption. A course of instruction, study, or training program sponsored by an employer for the training and preparation of its own employees shall be exempted upon satisfactory evidence that— (I) No form of certificate or degree, or credit toward a certificate or degree, is granted other than a certificate of course completion or certificate of attendance;

(II) The training or instruction is available exclusively to employees of the sponsoring employer;

(III) The training or instruction is provided at no cost to the employee;

(IV) The training or instruction is not the primary activity of the employer; and (V) If the training or instruction is provided through a second-party school or other entity, a contract or agreement between the employer and the other entity shall exhibit that the training or instruction will be provided in compliance with parts (3)(B)5.D.(I)–(IV) of this rule;

E. Professional organization exemption. A course of study or instruction conducted by a trade, business, or professional organization with a closed membership where participation in the course is limited to bona fide members of the trade, business, or professional organization shall be exempted upon satisfactory evidence that— (I) No form of certificate or degree, or credit toward a certificate or degree, is granted other than a certificate of course completion or certificate of attendance;

(II) The organization’s membership is limited to bona fide members of the trade, business, or profession;

(III) The training or instruction is available exclusively to bona fide members of the trade, business, or professional organization; and (IV) If the training or instruction is provided through a second-party school or other entity, a contract or agreement between the organization and the other entity shall exhibit that the training or instruction will be provided in compliance with parts (3)(B)5.E.(I)–(III) of this rule;

F. Yoga teacher training exemption. A course, program of study, or school may be exempted upon satisfactory evidence the school is appropriately registered and in good standing with the Missouri Secretary of State’s Office and whose programs are in yoga or yoga teacher training;

G. Students primarily under age sixteen (16) exemption.

A school or person whose clientele are primarily students aged sixteen (16) or under shall be exempt upon satisfactory evidence that students enrolled are primarily under the age of sixteen (16). Primarily, at a minimum, shall mean seventy-five percent (75%). The Coordinating Board shall exempt, without application, all pre-school, Montessori, and elementary and secondary schools subject to the standards of the Missouri Department of Elementary and Secondary Education. If, however, any private school with clientele primarily under the age of sixteen (16) offers any postsecondary degree or certificate, it shall not be eligible for this exemption;

H. Licensed schools exemption. A school that is otherwise licensed and approved under and pursuant to any other licensing law of this state shall be exempted upon satisfactory evidence that the school has been lawfully licensed and approved by another Missouri state agency. Such license and approval must be conferred upon the school. Programmatic approval by another state agency does not constitute approval of the institution. A state certificate of incorporation or registration with the Office of the Secretary of State shall not constitute licensing and approval for the purposes of eligibility for this exemption category. A school that offers programs of instruction other than those included within the license or approval of another state agency shall not be eligible for this exemption;

I. Registered apprenticeship exemption. A course of instruction or study or training program offered by a training provider as part of a registered apprenticeship, as approved by the United States Department of Labor; and J. Pre-apprenticeship exemption. A course of instruction or study or a training program offered by a training provider as part of a pre-apprenticeship approved by the Office of Workforce Development in the state Department of Higher Education and Workforce Development as determined by reference to standards promulgated by the department.

(C) Any school, training program, or course of instruction exempted herein may elect by majority action of its governing body or by action of its director to apply for approval of the school, training program, or course of instruction under the provisions of sections 173.600 to 173.619, RSMo. However, any such school, if granted a certificate of approval to operate, shall comply with this rule as though such school were nonexempt. An exempted school, voluntarily seeking and receiving certification, may revert to exempt status upon application for exemption and approval by the Coordinating Board but the board shall not grant exemption if the school is deemed in noncompliance with certification standards at the time of the application and reversion to an exempt status shall not relieve the school of any liability for indemnification or any penalty for noncompliance with certification standards during the period of the school’s approved status.

(D) Any school, training program, or course of instruction exempted herein must notify students within thirty (30) days if it changes or loses its exemption status.

(4) Application for Certificate of Approval to Operate.

(A) Applications for certification shall be submitted to the department. Decision on an application for certification shall be made on the basis of— 1. A complete and accurate disclosure of all material facts pertinent to the standards contained in this rule and authorizing statute that is not deceptive or misleading by commission or omission as determined by the department;

2. Compliance with the standards set forth in this rule and the authorizing statute;

3. Compliance with the instructions for fully completing and submitting the application;

4. Information, documentation, or verification submitted or received from any source in supplement to the pending application;

5. Research, information, and other documentation collected by the department or by independent experts or consultants; and 6. Site visitation and/or personal interview as deemed appropriate by the department.

(B) The department may give faith and credit consideration to accreditation by an accrediting association recognized by the United States Department of Education and to approval by other governmental agencies, including certification or licensing approval by another state. The department may waive any part of the certification procedure for reason of such accreditation or approval.

(C) The applicant school must be an accredited school before completing initial certification to offer degree programs.

(D) The department may waive any part of the certification procedure in any instance where such procedure is deemed by the department to be unnecessary or inappropriate for a given school applicant.

(E) Incomplete or inaccurate initial applications will be returned to the applicant for correction and resubmission.

1. Failure of the applicant to respond within six (6) months to a request for supplementary information or for resubmission of the application will result in a lapse of the application, and the school must reapply including payment of a new initial application fee.

2. Applications opened but not submitted for review within six (6) months of the last date the system was accessed by the school will be removed from the system; such applicant schools may reopen an application when they are prepared to submit for review.

(F) Annual Recertification.

1. Certificates to operate shall be issued for a maximum of a one- (1-) year period, and schools must be recertified annually, unless the school meets eligibility requirements for a two- (2-) year certificate as provided in this rule.

2. The annual certification year shall be from July 1 to June 30.

3. Schools initially certified shall be certified from the date of issuance of the certificate of approval to operate to the end of the current certification year, June 30.

4. The closing date for the submission of applications for annual recertification shall be the March 15 immediately preceding the beginning of the certification year, and, contingent upon a school submitting an acceptable application on or prior to that closing date, a school’s certification status shall not lapse in the event a recertification decision is delayed past the expiration of the then current certification year.

5. Failure to submit an annual or biennial recertification application by the prescribed closing date shall be grounds, without other considerations, for the assessment of a late fee and/or denial of a certificate of approval to operate for the next certification year.

6. Failure to completely and accurately disclose all material facts of the school’s operation pertinent to the standards contained in this rule and the authorizing statute shall be grounds for denial of a certificate of approval to operate.

(G) Biennial Recertification.

1. Schools that meet eligibility criteria may request a certificate of approval to operate that is valid for a two- (2-) year period. To be eligible for a biennial certificate of approval, a school must— A. Be continuously certified to operate in Missouri without lapse, inactivation, suspension, or revocation for a period of no less than five (5) years;

B. For accredited institutions, have no current disciplinary actions such as warnings, probation, show cause, or other negative actions from the accreditor, meaning any requirement imposed by an accrediting agency in response to a violation of accreditation criteria that requires a response by the institution or that results in the need for a follow-up visit by the accreditor;

C. For schools participating in Title IV, maintain a financial responsibility composite score of 1.5 or above as published by the U.S. Department of Education;

D. Have no findings from the school’s most recent department site visit that have not been satisfactorily resolved within sixty (60) days of formal notification;

E. Have not been placed in a probationary status by the department within the previous five (5) years that was not resolved within the time frame provided by the probation notice;

F. Have no formal grievance in the five (5) years prior to application for biennial recertification that the department has officially determined constituted a violation of certification standards; and G. Have not added more than one (1) new branch campus during the most recent term of biennial recertification granted by the department, if applicable.

2. Failure to maintain eligibility criteria will result in the school deemed ineligible to renew the two- (2-) year certificate of approval. Schools will be notified by the department of the loss of eligibility and will be required to renew the certificate of approval on an annual basis. Schools may not reapply for biennial recertification for two (2) years and must meet all eligibility criteria.

3. A school granted a biennial certificate of approval must annually submit to the department— A. An annual certification fee;

B. Verification of the security deposit; and C. Other data as determined by the department to be necessary to administer, supervise, and enforce the provisions of sections 173.600 to 173.619, RSMo.

(H) Temporary Certification. On decision of the department, a temporary certificate of approval may be issued to an applicant school or to a school applying for recertification and will expire at the end of sixty (60) days. At the expiration of the temporary certificate of approval, the department may— 1. Reissue a temporary certificate of approval for an additional sixty (60) days;

2. Issue a certificate of approval to operate for the remainder of the then current certification year; or 3. Place the school on probation or suspension or may revoke the certificate of approval for noncompliance with the provisions of sections 173.600 to 173.619, RSMo, or with this rule.

(I) Certification Fee. No certificate of approval to operate shall be issued except upon payment of the prescribed certification fees.

1. The initial certification fee for a school upon application shall be six hundred sixty dollars ($660), which includes up to three (3) new program applications submitted concurrently.

For each additional program to be offered, the applicant school shall pay a five hundred dollar ($500) new program application fee.

2. The recertification fee for Missouri institutions shall be computed on the basis of seventeen thousandths ($.0017) per one (1) dollar of net tuition and fees income (excluding refunds, books, tools, and supplies), with a maximum of six thousand six hundred dollars ($6,600) and a minimum of six hundred sixty dollars ($660) per school. The Coordinating Board may increase the base fee and the related minimum and maximum amounts every five (5) years under the provisions of

section 173.608, RSMo. Tuition and fees for schools that operate branch locations within Missouri may be reported separately or be combined for all locations for purposes of computing the certification fee. The fee shall be computed on the basis of data submitted by the institution, subject to verification by the 3. The annual recertification fee for a branch campus operated in Missouri by an out-of-state school shall be computed solely on the basis of applicable tuition and fee income at the Missouri branch campus.

4. For a school having a certificate of approval for the sole

purpose of recruiting students in Missouri, the net tuition used for the annual recertification fee computation shall be only that paid to the school by students recruited from Missouri and the fee shall be six hundred sixty dollars ($660) plus seventeen thousandths ($.0017) per one (1) dollar of net tuition and fees income (excluding refunds, books, tools, and supplies) not to exceed six thousand six hundred dollars ($6,600).

(J) Security Deposit. Each proprietary school must file a security deposit with coverage consistent with the statutory requirements of section 173.612, RSMo.

1. The security deposit shall be executed on the prescribed form provided by the department for that purpose. The security deposit shall cover all facilities and locations included within the certificate of approval issued by the Coordinating Board and shall clearly state that it covers the school and all locations and agents of the school.

2. Any bonding company must be approved by the Missouri Department of Commerce and Insurance.

3. The amount of the security deposit shall be ten percent (10%) of the preceding year’s gross tuition but in no event shall be less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), except that the school may deposit a greater amount at its own discretion.

4. The school may comply with the security deposit requirement through any of the following three (3) methods, at the discretion of the school: performance surety bond, irrevocable letter of credit, or cash bond secured by certificate of deposit.

5. The amount of the security deposit required must be computed and compliance verified with each annual application for certification. Written verification of compliance with the security deposit requirement of the authorizing statute must be presented prior to the issuance of a certificate of approval. Failure of a school to post and maintain the required security deposit may result in denial, suspension, or revocation of certification to operate or the school being placed on probation.

6. Any school that operates one (1) or more branch campuses in the state may combine, or report separately, gross tuition for all Missouri locations for the purpose of determining the annual security deposit requirement. However, if the combined gross tuition calculates a security deposit requirement in excess of the one hundred thousand dollars ($100,000) maximum, the gross tuition shall be reported separately, and the requirement calculated separately.

7. The security deposit requirement for a branch campus operated in Missouri by an out-of-state school shall be computed solely on the basis of applicable tuition and fee income at the Missouri branch campus.

(5) Fees.

(A) Fees should be made payable to the Missouri Department of Higher Education and Workforce Development.

(B) All fees are non-refundable.

(C) The following fees shall be paid:

Initial Application for Certification$660 Initial Application for Exemption or Renewal of Exemption$100 Application to Establish a Branch Campus$500 Application to Establish an Extension Site$100 New Program Application$500 Substantive Program Change$250 Change of Ownership, Name, or Location$100 Continuing Education (up to fifteen (15) programs)$100 Continuing Education (more than fifteen (15) programs)$500 Student Record Verification (per copy)$10 Late Fee (per day)$10 1. A late fee of ten dollars ($10) per day exclusive of Saturday, Sunday, and holidays observed by the state of Missouri, not to exceed a maximum of one thousand five hundred dollars ($1,500), will be assessed on certified schools that fail to respond, within a time frame to be stated in official correspondence, to the department’s request for information or documentation related to recertification, grievances, department site visits, or probation.

2. The late fee may be waived in whole or in part at the discretion of the department.

(D) Certified schools are responsible for travel expenses for all members of a department on-site review team when such review is scheduled in response to concerns raised by accreditors, students, or the general public.

(6) Certification Standards. The following standards are established as minimum requirements that must be met and maintained in order for a school to be issued a certificate of approval to operate in Missouri. As determined by the Coordinating Board, compliance with these standards shall be demonstrated and verified in the application for certification to operate and are subject to review and further determination by the department at any time. The department may require assessments by independent experts or consultants to determine compliance with certification standards at the expense of the applicant (A) Institutional Standards.

1. The school must have an exact physical location or locations.

2. The school must have an official name. A certificate of approval shall not be issued to a school if the name of that school, whether initially proposed or changed after establishment, is— A. Identical to the name of an existing certified school or a public or independent college or university in Missouri; or B. Deemed, by the department, to cause confusion of identity among the lay public. As such, a school may not use the term “college” unless it is offering an undergraduate degree program and may not use the term “university” unless it is offering a graduate-level program.

3. The mission and purpose of the school shall be legitimate and acceptable educationally and shall be supported by the operations and programs of the school.

4. The physical plant and equipment of the school shall be commensurate in size, accommodations, and condition to the

purpose and programs of the school, including the methods through which education and training are delivered.

5. The learning resources of the school, such as educational equipment, computer hardware and software, library holdings, and telecommunications equipment, shall be sufficient to meet the educational objectives of all courses and programs.

6. The school must be in current compliance with all pertinent ordinances and laws relating to the safety, health, and security of the persons on the premises.

7. All information provided by the school, including media advertising and other informative or promotional materials, including those printed, published, recorded, or presented, descriptive of the school shall— A. Truthfully represent the characteristics of the school;

B. Include the name of the school and shall specify the school mailing address, the telephone number, and/or the web address;

C. When referencing Missouri certification status, only refer to itself as being “certified to operate” or “approved to operate” by the “Missouri Coordinating Board for Higher Education” or the “Missouri Department of Higher Education and Workforce Development”; and D. Not be deceptive or misleading, as determined by the department, such as by— (I) Stating in advertising or other materials that the school, its programs, certificates, or degrees are accredited by the Coordinating Board, the Department of Higher Education and Workforce Development, or by the state of Missouri or any of its agencies;

(II) Using employment or want ad sections or services of any newspaper or advertising media for purposes of student recruitment;

(III) Stating in advertising or other material that the school or its programs are accredited by any organization that is not an accrediting agency officially recognized by the United States Department of Education;

(IV) Omitting or concealing any material information that obscures a truthful description of the school, its programs, or its services; or (V) Making any statement that cannot be verified or documented by the school.

(B) Program Standards.

1. Program review. The instructional programs of the school must legitimately support the stated purpose of the school and the school must demonstrate that each course of instruction meets its stated objectives, showing that the following are appropriate to the award designation and discipline:

A. The study discipline of a degree program shall be identified and verified to be generally accepted in American higher education as a legitimate area of degree study;

B. The study discipline of a certificate program shall be identified and verified as legitimate preparation and training for its vocational or academic objective;

C. Any award granted shall be on the basis of study content and achievement requirements that shall be deemed by the department to be reasonably equivalent to study content and achievement requirements commensurate with the designated level of award, as generally applied at institutions of higher education and/or the vocation for which it prepares.

(I) Study content and achievement requirements must demonstrate satisfaction of this standard through the following:

(a) Level of the program, including its range and scope of courses;

(b) Content of courses, including the type, depth, breadth, and sequence of courses; and (c) Duration of the program, including minimal instructional length at the school. Except as specifically determined otherwise by the department, minimum instructional length shall be twenty-five percent (25%) of similar programs for nondegree and undergraduate degree programs and seventy-five percent (75%) for graduate-level programs.

(II) Demonstration of such equivalence may be established through inclusion of the program within the scope of accreditation by accrediting agencies recognized by the United States Department of Education; and D. No earned degree or certificate may be given, awarded, or granted in the absence of an instructional component offered and conducted by the school or through demonstration of academic or skill competency sufficient to meet criteria established for such purpose by the school.

2. Program disclosure. The school shall maintain and provide each student in published or printed form, usually through a dated school catalog, the following information for each program and course of instruction offered. The information also shall be provided to prospective students upon request.

A. An official statement of the school’s and each program’s objectives.

B. Specific titles and descriptions of program content or competency, including, where appropriate, course descriptions.

C. Explanation of evaluation and completion requirements for each program, including— (I) Specific grade, credit hour, clock hour, and/or other performance achievements required for satisfactory completion as appropriate to each program;

(II) Appropriate definitions of the measures of progress described in part (6)(B)2.C.(I) of this rule (tests, quizzes, homework, etc.);

(III) Specific methods by which program requirements may be met through study at another institution, for work experience or other equivalency, for testing out, or for credit earned on any basis other than instruction offered by the school;

(IV) Explanation of the system of evaluation to include— (a) Definitions and application of grading methods (letter grades, passing percentages, etc.);

(b) Policies and procedures for monitoring academic progress, including achievement requirements and pertinent time frame; and (c) Expectations of consequences for failure to maintain satisfactory academic progress, including probation, suspension, or termination; and (V) Exact designation of the certificate or degree bestowed upon satisfactory completion of each program.

D. The expected length of each program and course stated in definable units such as hours, days, or weeks.

E. Explanation of the instructional method to be employed (classroom, laboratory, independent study, supervised research, supervised internship or externship, etc.) for various stages of the instruction.

(I) Independent study and supervised research are distinct from homework or study outside the classroom, which may not be counted as instructional contact hours.

(II) Independent study is a delivery methodology that must be based on course outlines and syllabi structurally identical to classroom and laboratory instruction methods and involves regular, scheduled meetings between the student and the instructor.

(III) Supervised research is a form of experiential learning that involves a faculty member guiding the student to research a question or goal within the faculty member’s research environment.

F. If applicable, explanation of instructional methods, achievement evaluation, technical requirements, and other policies unique to the delivery of instruction via distance media.

G. As applicable, the schedule of classes, including days and times of meetings.

3. Earned and honorary awards.

A. No earned certificate or degree may be given, awarded, or granted solely on the basis of payment of tuition or fee, credit earned at another school or schools, on the basis of credit for life experience or other equivalency, on the basis of testing out, on the basis of research and writing, or solely on the basis of any combination of these factors.

B. No honorary degree may be given, awarded, or granted by any school that does not give, award, or grant an earned degree.

C. No fee or other charge may be assessed for giving, awarding, or granting an honorary award.

(C) Personnel Standards.

1. The school must have a formal governance structure consistent with its form of ownership or corporate identity that is capable of adequately directing, administering, and operating the school in a manner consistent with the mission and purpose of the school and is capable of developing and maintaining its instructional programs.

2. The school must have sufficient administrative, instructional, and support personnel based on the instructional programs offered, its student enrollment, and relative needs for educational and support services. Administrative personnel are expected to have prior experience or training in postsecondary education.

3. Instructional personnel, defined to include those who train or deliver instruction as well as any personnel that measure, assess, or evaluate student achievement, shall minimally meet the following qualifications:

A. A combination of educational and experiential qualifications in excess of the level of instruction on which they are instructing;

B. Shall have relevant qualifications, training, and experience in the subject or discipline area in which they are instructing; and C. For instructional personnel in skill-based areas, greater weight may be given to experiential qualifications as appropriate to the program objectives. For academic and degree level programs, education experience and background will be considered the primary qualifications.

(D) Financial Standards.

1. The school must have a sound financial structure with sufficient resources for its continued operation, as determined by the department. Minimally, the school is expected to have cash, assets, and equipment available and committed to support the school without reliance on student tuition for at least one (1) month of operation.

2. The school must provide financial statements, as requested by the department, indicating sufficient current assets are available to meet current operational liabilities and related obligations.

3. The school must demonstrate financial stability and responsibility through reasonably prompt satisfaction of operational financial obligations, its capital indebtedness obligations, its personnel payroll, and its student financial refund obligations.

4. The school must have the required financial security deposit, on forms provided by the department, on file pursuant to the provisions of section 173.612.2.(3), RSMo.

5. If applicable, the school must administer governmental student financial aid, including both grants and loans, awarded through or by the school, in compliance with all applicable law and regulations.

(E) Student Cost Standards.

1. Cost disclosures. The school must maintain, through a catalog or other printed or published informative material, and make available to students and prospective students, full disclosure of any and all financial charges to the students, including— A. Tuition;

B. Special fees;

C. A reasonable estimate of required charges for books, equipment, materials, tools, services, and other non-incidental educational supplies or charges such as uniforms or kits, whether or not made by the school but required for program completion;

D. Charges for room and board provided by the school;

E. Information on payment policies and procedures; and F. Information on availability of and procedures to apply for student financial aid offered by or through the school, whether available from public and/or private sources.

2. Cancellation policy. The school must provide for a period during which an enrollment or admission agreement may be cancelled by the student with refund of all monies paid.

The catalog and enrollment agreement shall contain a clear, consistent statement of the cancellation policy and procedures.

A. The cancellation policy should be substantially similar to the following: “Students have a period of at least three (3) days, excluding Saturdays, Sundays, and state holidays, after the student and the school sign the agreement during which the student may cancel the agreement and receive a refund of all monies paid.”

B. Schools may include a statement that items furnished to the applicant or paid by the school on behalf of the applicant during the cancellation period are non-refundable, if approved by the department. These items typically include physicals, background checks, and/or drug screenings.

3. Refund policy. The school must have a fair and equitable refund policy that meets the following criteria:

A. The catalog and enrollment agreement shall contain a clear, consistent statement of the fair and equitable refund policy and procedures that provides a reasonable refund formula through at least one-half (1/2) of the enrollment period, unless the variation is authorized by the department based on program length or cost;

B. The catalog and enrollment agreement shall contain the formula or rules for calculation of refunds due to students withdrawing or whose enrollment is otherwise discontinued;

C. The refund policy must specify fees or other expenses that are nonrefundable beyond the period of cancellation as described in this rule;

D. The refund policy must specify a maximum time lapse for the refund to be made; and E. The school must disclose to the student any conditions under which the refund would be made to a person other than the student.

(F) Student Services Standards.

1. The school shall maintain and fairly and equitably enforce the following policies and procedures:

A. Admission procedures and requirements which reasonably assure that the students admitted are capable of achieving and informed concerning the qualifications, competency levels, and/or proficiencies necessary to achieve the stated goals of the instruction offered and which are nondiscriminatory in their application;

B. Conduct, dress, attendance, grievance, and other policies governing students during their enrollment and the expectations of reprimand, punishment, or termination for violation of any policies;

C. A formal policy and procedure for students to withdraw from a program of instruction or the school; and D. A formal policy and procedure for the issuance of transcript records, including disclosure of any associated fees.

2. The school must provide all students through a catalog or other printed or published informative material full disclosure of the following. The information also shall be provided to prospective students upon request.

A. Admission requirements and procedures for applying for admission.

B. Information on conduct, dress, attendance, grievance, and other policies governing students during their enrollment and the expectations of reprimand, punishment, or termination for violation of any policies.

C. Accurate description of instructional resources, including the physical facility, qualification of individual instructional faculty, equipment, and, if applicable, library.

D. Statement of any institutional or program accreditation or approval claimed.

E. Statement of the formal policy and procedure for students to withdraw from a program of instruction or the F. Description of job placement assistance, counseling, or other related services available to students, if applicable.

3. Enrollment agreement. The school, through a written enrollment agreement, shall maintain and make available to all students, upon acceptance or enrollment, disclosure of the following:

A. The program in which the student is enrolled;

B. The beginning date of instruction;

C. Length of the period of enrollment, defined to be the time to which a student commits for completion of a course or program;

D. The cost of all charges made by the school or required for successful completion of the program during the period of enrollment;

E. Conditions of payment, meaning a description of when payments to the school are due and for what amount, regardless of the sources of funding, and additional fees for alternative payment plans;

F. The cancellation policy maintained in compliance with this rule;

G. The refund policy maintained in compliance with this rule;

H. Signature of the student and the date of signing; and I. Printed name, title, and signature of an authorized school representative and the date of signing.

4. Transcript. The school shall maintain an individual transcript record for each student currently or formerly enrolled at the school. Unless the transcript is destroyed by an act of nature, the institution may not refuse to issue an official transcript on a student’s written request, except for the reason of student nonpayment of a financial obligation to the school.

The transcript shall minimally include the following:

A. Full name of the student;

B. Name and address of the school;

C. Notation of each course attempted or completed, including the term or dates of the course, credit or contact hours earned, and grade assigned;

D. Exact award conferred, if applicable;

E. Date of award conferral, if applicable;

F. Notation and date of withdrawal, if applicable; and G. Upon issuance of an official transcript, the printed name, title, and signature of the school official authorized to issue the transcript and the date of issuance.

5. The institution may not refuse to issue a certificate or degree based solely on a graduate’s financial obligation to the (7) Information and Data Standards. Full compliance with all data and information requests and the submission of all data forms and required statements of the Coordinating Board shall be requisite to the issuance of a certificate of approval to operate, notwithstanding that a certificate of approval may be denied, revoked, or suspended on the basis of data and information submitted or willfully omitted, or for willfully submitting incorrect data. In order to be in compliance with the data and information requirements of the certification process, the school shall maintain, in addition to information disclosures described elsewhere in this rule, the following information, which shall be available for submission to and/or examination by the department.

(A) Institutional Information and Data.

1. The name of the school, current telephone number, current mailing address, any Internet addresses maintained by or for the school, and the school’s physical address.

2. The form of ownership of the school, including sole proprietorship, partnership, limited partnership, or corporation, along with the names, if applicable, of those persons holding a ten percent (10%) or more ownership interest in the school.

3. As applicable, explanatory statements of and documentation for any corporate governance body or structure that directs or administers the school.

4. Verification of the school’s accreditation by any accrediting entity and verification of any licensing or approval by a state or federal governmental agency.

5. Assurances, and documentation, of compliance with all pertinent ordinances and laws relating to the safety, health, and security of persons on the school premises.

6. Sample copies of all media advertising and printed or published materials, including Internet and other electronic publications, descriptive of the institution and employed within the past year.

7. Description of the school’s instructional, administrative, and support facilities located in Missouri.

8. The total student enrollment for the most recently completed calendar or other year as designated by the (B) Program Information and Data.

9. For each instructional program offered, a program outline containing, at a minimum, the following information:

A. Specific title of the program;

B. The designation of the certificate or degree granted upon completion;

C. The objective academic or vocational educational outcomes for the program;

D. Requirements for admission to the program;

E. Requirements for completion of the program, including the specific courses, grade achievement, and other requirements, described, as applicable, in defined terms of clock hours, credit hours, and/or performance requirements;

F. The length of study, stated in calendar terms such as days, weeks, months, or years, which reasonably describes the expected program length, as well as any provisions for variation from this length and any associated variance in cost;

G. Academic and performance policies for evaluation, grading, satisfactory progress, and attendance for the program;

H. The method of instruction by which the program requirements may be earned, including the specific courses or other required units that may be met by study at another institution, for work experience or other equivalency, for testing out, or for credit earned on any basis other than instruction offered by the school;

I. The teaching methodologies employed by the program, including the specific uses of classroom, laboratory, correspondence, independent study, supervised research, supervised internship or externship, electronic telecommunication, and other methods of instruction;

J. For each distinct unit, module, or course of instruction required or available as a part of the program, the specific title, objective, or competency sought, instructor(s), the number of credit or clock hours awarded or other measurement system used to establish completion, and a description of the course content; and K. Individual and aggregate information on student enrollment, completion, and employment.

2. Description of the procedures for implementing policies of evaluation, grading, academic progress, attendance, conduct, and grievance, and records demonstrating the application of these policies.

3. Copies of the current or most recent schedule of courses of instruction.

4. As applicable, a statement as to the policy by which a credit or contact hour is defined for institutional application in determining credit or contact hour values for courses and program completion. If the program uses another measurement system to monitor progress and completion, a definition of that system and how it is used in measuring program delivery.

(C) Personnel Information and Data.

1. The names and titles of all administrative and instructional personnel employed by the school and a résumé of the education and employment experience for each person so employed.

2. For schools certified to recruit, the names, titles, addresses, and telephone numbers of the agents of the school, along with the geographic area of the operation of each agent.

3. As applicable, explanatory statements of and documentation for any corporate governance body or structure that directs or administers the school.

4. A financial statement displaying the assets, liabilities, and other financial categories of the school and/or its parent entity.

(D) Financial Information and Data.

1. Verification of compliance with the security deposit requirement under the authorizing statute and this rule.

2. The fiscal year used for the school’s operation.

3. A financial statement showing, in addition to other standard revenue and expenditure categories, gross tuition, fees, and income from other charges made to students for the last completed fiscal year, certified by the school owner or the school’s chief administrative officer.

(E) Student Cost Information and Data.

1. Catalog or other printed or published information for disclosure of financial charges to students and records demonstrating the application of that printed or published information.

2. A statement of the refund policy of the school and records of the application of that policy.

3. A statement of the cancellation policy of the school and records of the application of that policy.

(F) Student Services Information and Data.

1. Transcripts of the records of student achievement, including all degrees, certificates, or other awards granted, and evaluation of all students, past and present, enrolled at the school, whether or not completing the program of instruction shall be maintained permanently and in accordance with record storage requirements in subsections (8)(C) and (8)(D) of this rule.

2. The following student records are to be maintained for at least three (3) years after a student has graduated, withdrawn, or terminated enrollment, or longer as mandated by federal and/or state policies, procedures, or statutes:

A. Records of the application of each student for enrollment and the decision made on that application;

B. Records of the completion of an enrollment agreement by each student;

C. Records of all financial charges to each student and payments made by or on behalf of the student;

D. Records of all financial aid awarded to or obtained by each student, including governmental grants and loans, and the application of those funds to payment of student charges and/or refunds made to the student or the funding source; and E. Records of all disciplinary actions taken against individual students for their violations of school policies on attendance, conduct, dress, academic progress, and any other policies, as well as records of all associated grievance proceedings, as maintained in compliance with this rule.

(8) Operating Standards.

(A) The certificate of approval issued by the Coordinating Board indicating a school’s approval to operate in compliance with sections 173.600 to 173.619, RSMo, and the provisions of this

rule shall be, at all times during the term of its validity, made available upon request to all persons visiting the premises.

(B) Any school that closes or whose certificate of approval is suspended, revoked, or not renewed shall, on the approval of the department— 1. Make partial or full refund of tuition and fees to the students enrolled;

2. Continue operation under a temporary certificate until students enrolled have completed the program for which they are enrolled;

3. Make arrangements for another school or schools to complete the instruction for which the students are enrolled;

4. Employ a combination of these methods in order to fulfill its obligations to the students; or 5. Implement other plans approved by the department.

(C) A school must maintain a location or locations for all student records, including the student transcript, for both current and former students, that can reasonably assure their proper security, protection, and accessibility.

(D) In the event a school terminates its operations, it must file or make arrangements to file all student transcripts in electronic form in an appropriate permanent repository approved by the department within fourteen (14) days of the termination date. Failure to do so shall result in forfeiture of the entirety of the security deposit required by section 173.612, RSMo.

(E) In the event a school ceases operations without meeting refund, teach out, or record storage obligations, the school shall forfeit the entirety of the security deposit required by

section 173.612, RSMo.

(F) Scope of Certificate of Approval.

1. Branch campuses and extension sites of Missouri schools.

A. Application for a certificate of approval to operate a branch campus shall be made by and through a location designated as the main campus of a school indigenous to Missouri.

B. All certificates of approval to operate a branch campus shall specify the instructional locations and program(s) of instruction for which the certificate is valid.

C. Approval to operate locations as extension sites may be extended from the certificate of a main or branch campus.

D. If the certificate of approval to operate a main campus or any of its branches or extensions is denied, revoked, suspended, or placed in a status of probation, such action may be deemed by the department to apply to all locations of the school in Missouri.

2. Franchises of Missouri schools.

A. All locations at which instruction is proposed to be offered by a franchisee of a franchisor approved to operate shall be deemed a location within the scope of such franchisor’s approval, provided that the franchisor provides the course curriculum and guidelines for teaching at each location and that a single location is identified as the principal facility for recordkeeping.

B. Denial, revocation, or suspension of certificates of approval to operate for a franchisor shall be deemed to apply to all franchisee locations. The certification of an individual franchisee may be denied, revoked, suspended, or placed in a status of probation for just cause.

3. Changes in physical location.

A. The department must be notified at least thirty (30) days prior to the effective date of proposed changes in or additions to the location(s) of the school operations.

B. Such changes shall not be effective except on review and authorization by the department.

C. As a condition of authorization for the implementation of changes and additions of location under the school’s certificate to operate, accredited schools must provide written documentation of the approval of such changes by the accrediting association.

4. Programmatic additions, discontinuances, and revisions.

A. The school must submit non-substantive program name or CIP code changes to the department at least thirty (30) days prior to the effective date of such changes. Changes to tuition, fees, and/or costs of books and supplies may be submitted at any time.

B. Substantive revisions to existing programs of instruction and the initiation of proposed new program offerings must be submitted electronically for review by the department. The school must demonstrate that revised and additional programs are in compliance with certification standards, as described in this rule, in order for these programs to be approved for inclusion within the scope of the certificate of approval. Such changes shall not be effective except on authorization by the department.

C. As a condition of authorization for the implementation of programmatic changes under the school’s certificate to operate, accredited schools must provide written documentation of the approval of such changes by the accrediting association.

D. Schools must submit a complete proposal for a new program to the department at least ninety (90) days prior to implementation. Incomplete proposals will be returned without review. A complete proposal must include at least the following, as prescribed by the department:

(I) A complete new program request;

(II) All new program attachments in support of the request; and (III) Payment of any required fees.

E. Schools must submit a complete proposal for a program change to the department at least sixty (60) days prior to implementation. Incomplete proposals will be returned without review. A complete proposal must include at least the following, as prescribed by the department:

(I) A complete program change request;

(II) All program change request attachments in support of the request; and (III) Payment of any required fees.

F. Upon receipt of a complete proposal for a new program or a substantive change to an existing program, the department will acknowledge the official date of receipt through the online workflow system.

G. The department must provide the school with a written response to a complete proposal for a new program within ninety (90) calendar days or a substantive change to an existing program within sixty (60) calendar days. The response may notify the school of final approval, tentative approval, or additional information that must be submitted to complete the review. If the response is not provided within the required time frame, the school may offer the program until the department completes its review and identifies a substantive issue or issues that need correction.

H. Upon notification by the department of substantive issues, the school will then have ninety (90) days from that notice to correct identified deficiencies without ceasing to offer the program. The school must cease offering the new or revised program if it fails to make the required corrections within the ninety- (90-) day time period.

5. Continuing education.

A. Certified schools may offer continuing education upon approval by the department and payment of a fee.

Branch campuses and extension sites will be approved to offer the same continuing education as the main campus. Fees will be charged to the main campus only.

B. Certified schools may consolidate all qualifying continuing education offerings on the official program inventory under the title “Continuing Education.” Schools are required to submit to the department a list of all continuing education to be offered during the upcoming certification period and pay an annual fee. Failure to submit a list of continuing education with the annual fee may result in denial of approval to offer continuing education for the next certification period for all Missouri locations of the school.

C. Certified schools holding recognized accreditation must provide documentation verifying either approval of the continuing education or documentation from the accrediting agency indicating the school is not required to obtain approval as the continuing education is outside the scope of accreditation.

D. Certified schools must disclose in school publications the continuing education is not offered for academic credit and may not be accepted in transfer to another postsecondary institution.

(I) Accredited schools must disclose in school publications if the continuing education is not within the scope of accreditation.

(II) School publications must include all pertinent policy disclosures, costs, and any equipment or technological requirements for participation in continuing education.

E. Continuing education offered by certified schools at no cost to the student, including employer-sponsored instruction or training available only to employees, is not required to be included on the annual program inventory submitted to the (G) Change of Ownership.

1. A certificate of approval is nontransferable. A change in the sole proprietor of a school, a change in the majority interest of a partnership owning a school, or a change in a majority stock ownership of a school shall be deemed a transfer of ownership.

2. Within thirty (30) days of such transfer the new owner shall make application for a new certificate of approval on application forms as determined by the department.

3. This application shall be processed as an initial application except the Coordinating Board may issue a temporary certificate if the chief administrator of the school furnishes a statement asserting that all conditions set forth in the rule are being met or will be met before offering training or education.

4. Failure to make application to the department when a change of ownership occurs shall be grounds for placing a school on probationary status or for suspension, revocation, or denial of a certificate of approval.

(H) Change of School Name.

1. The department must be notified at least thirty (30) days prior to the effective date of proposed changes in the official name of a school. Name changes shall not be effective except on authorization by the department.

2. As a condition of authorization for the implementation of a name change under the school’s certificate to operate, accredited schools must provide written documentation of the approval of the change by the accrediting association.

(I) Except as pursuant to the initial approval to operate, a certificate of approval will not be issued to any school that has reported no student enrollments during the previous certification year. A school having a full certification year without student enrollments shall be deemed as not being a school eligible for certification.

(9) Certification of Out-of-State Institutions.

(A) An out-of-state institution is defined as any school not indigenous to Missouri seeking to establish or to maintain a physical presence within Missouri for either the purpose of operating a branch campus of that school or the purpose of recruiting students to enroll in the school.

(B) Out-of-state schools must have continuously operated for a minimum of two (2) years prior to application to operate in Missouri, be licensed or approved by the other state, territory, District of Columbia, or national government and the requirements for approval or licensure in the other state or political entity must be substantially equal, as determined by the department, to those in force in Missouri at the time the application for approval is filed.

(C) The department may give faith and credit consideration to an out-of-state accredited school’s accrediting association and to approval by other governmental agencies, including certification or licensing approval by another state. The department may waive any part of the certification procedure for reason of such accreditation or approval.

(D) Operating a Branch Campus.

1. In order to operate in Missouri, an out-of-state institution must comply with the same standards and procedures as are applicable to institutions indigenous to Missouri and must be annually certified as approved to operate, except as provided elsewhere in this rule for two- (2-) year certification.

2. Each branch campus where, from, or through which an out-of-state school operates in Missouri must be independently certified even though those sites are branches of the parent non- Missouri institution. Separate applications must be submitted for each branch campus and all application information must be specifically for that site and not for the non-Missouri parent institution.

3. Each branch campus where, from, or through which an out-of-state school operates in Missouri must designate in the application a resident director in order to be eligible to be certified to operate.

(E) Operating for Recruiting Purposes Only.

1. All non-Missouri schools maintaining a physical presence in Missouri for the purpose of recruiting students to attend the non-Missouri school must be certified to operate. Physical presence, in the context of recruitment operations, shall mean any address, physical location, electronic device, or telephone number within the boundaries of the state of Missouri from which promotional material is distributed or recruitment effort initiated and/or to which potential or prospective students may inquire or respond. Physical presence does not include advertising through printed or electronic media as long as the initiation for that advertising is not within this state or the advertising does not identify any Missouri presence.

2. In order to be certified to operate in Missouri for recruitment purposes, an out-of-state institution must comply with the same standards and procedures as are applicable to a Missouri institution and must annually apply for and receive a certificate of approval.

(10) Probation, Suspension, and Revocation of a Certificate of Approval.

(A) Probation. A school may be placed on probation for reasons of noncompliance with sections 173.600 through 173.619, RSMo, or for noncompliance with the provisions of this

rule. Probation provides a school with the opportunity to attain compliance within a given time limit or to provide evidence or clarification of unclear points regarding compliance with specific items. Probation shall be governed by the following criteria:

1. The department shall place a school on probation by notification in writing for a fixed period with a termination date. Termination dates may be extended on decision of the department if the school has not attained compliance or upon request of the school. The school may continue to operate during any probationary period;

2. The notice shall specify the item or items of noncompliance and shall include specific criteria and/or procedures for the school to be removed from the probation;

3. Failure of a school to comply with statutory requirements or the requirements of this rule by the termination date of the probation shall, on judgment and decision of the department, result in one (1) of the following actions:

A. Suspension of the certificate of approval; or B. Revocation of the certificate of approval; and 4. A school in compliance with the specified probationary requirements may request removal from probationary status prior to the termination date of the probation.

(B) Suspension. A certificate of approval or a temporary certificate of approval may be suspended for up to twelve (12) months for noncompliance with provisions of sections 173.600 through 173.619, RSMo, or the provisions of this rule, and the following criteria and/or procedures shall apply. The purpose of suspension is to give the school the opportunity to correct the items of noncompliance within a set period of time.

1. The department shall suspend a school’s certificate of approval or temporary certificate of approval by notification in writing for a fixed period with a termination date. Termination dates may be extended on decision of the department if the school has not attained compliance or upon request of the school; however, in no case shall the total time of suspension exceed twelve (12) months.

2. The notice shall specify the item or items of noncompliance and shall include specific criteria and/or procedures for the school to be removed from suspension.

3. Failure of a school to comply with statutory requirements or the requirements of this rule by the termination date of the suspension shall, on judgment and decision of the department, result in revocation of the certificate of approval.

4. A school in compliance with the specified suspension requirements may request removal from suspended status prior to the termination date of the suspension.

5. The school may appeal an assignment of suspension to the Administrative Hearing Commission within thirty (30) days of the suspension.

(C) Revocation. The department may revoke the certificate of approval or the temporary certificate of approval of any school for noncompliance with the provisions of sections 173.600 through 173.619, RSMo, or this rule. Revocation of a certificate to operate shall be governed by the following criteria and/or procedures:

1. The department shall revoke a school’s certificate of approval or temporary certificate of approval by notification in writing;

2. The notice shall specify the item or items of noncompliance with sections 173.600 through 173.619, RSMo, or this rule, and shall specify an effective date of the revocation, revocation upon the completion of operational functions as may be prescribed by the department, or both an effective date and completion of operational functions;

3. Revocation of a certificate of approval shall not forgive a school of full compliance with the requirements contained in this rule which are applicable to any school ceasing operations, including but not limited to making refunds to students, completion of instructional programs of students, and the reposit of student instructional and financial records;

4. The school may appeal a revocation to the Administrative Hearing Commission within thirty (30) days of the revocation; and 5. The school may reapply for initial certification after a period of six (6) months from the date of revocation.

Rescinded and readopted: Filed Oct. 16, 1991, effective Feb. 6, 1992. Rescinded and readopted: Filed Oct. 27, 2000, effective April 30, 2001. Amended: Filed Sept. 13, 2012, effective Feb. 28, 2013.

Amended: Filed Feb. 16, 2016, effective July 30, 2016. Rescinded and readopted: Filed March 8, 2024, effective Aug. 30, 2024.

Amended: Filed Dec. 2, 2025, effective June 30, 2026. *Original authority: 173.600-173.619, see Revised Statutes of Missouri, 2016 and Supp. 2025.

History

• AUTHORITY: sections 173.600–173.619, RSMo 2016 and Supp. 2025. Original rule filed March 13, 1985, effective July 1, 1985.

Chapter 6 Establishment of New Institutions and Instructional Sites

6 CSR 10-6.010 Standards for Establishing Community College Districts {#sec-6-csr-10-6.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-6.010}

PURPOSE: This rule sets forth the standards and procedures of the Coordinating Board for Higher Education, under which community junior college districts may be established.

(1) Standards.

(A) Standard 1. Initiative to establish a district must come from the area to be served.

Local initiative to establish a community college district is demonstrated by submitting a petition to the coordinating board in accordance with the provisions of section 178.800.1., RSMo. The petition and the response to Standard 1 should include the official name of the proposed district. The official name of the district must adhere to the following format: “The Junior College District of __________________, Missouri.”

(B) Standard 2. Need must be clearly established in terms of the total area to be served, including educational interest of citizens, manpower needs of local industry, business, government and other consumers, and compatibility with the statewide policy goals established by the Coordinating Board for Higher Education. Clear and convincing evidence of need for the proposed district shall be demonstrated by providing information which will be generated by a survey, the form and method for administration of the survey to be determined by the Coordinating Board for Higher Education. The cost of the administration of the survey shall be borne by the organizing body for the proposed district.

The information provided by the survey will include, but not be limited to, the specific educational services needed by employers, high school students and representatives of the general public which can be provided by a community college. So that the respondents to the survey can make an informed judgment relating to the establishment of a community college, information will be provided to each respondent regarding the probable tax levy for the first five (5) years of operation of the community college, probable capital expenditures required during the first ten (10) years of operation and probable location of the initial site.

1. Supplemental to the results of the survey, additional demographic information will be provided to the coordinating board to further substantiate the need for a community college. The format and method for providing this information will be determined by the coordinating board.

2. If the board determines a bona fide need exists after examining the information regarding the establishment of a community college, the board will conduct a review to ascertain if alternative agencies can provide the identified services.

(C) Standard 3. Proposed districts must be composed of one (1) or more public school districts. In the case of a proposal encompassing two (2) or more public school districts, those districts must be contiguous.

Variations in traffic arteries, population density, tax base valuations and public school district boundaries require flexibility in geographic size. As a general guideline, student commuting time should not exceed forty-five (45) minutes each way. The proposed district should be described in terms of the public school districts it will encompass. A map detailing boundaries of the proposed district, the population centers and the boundaries of the public school districts shall be provided.

(D) Standard 4. There shall be substantive evidence to project an enrollment of at least one thousand (1,000) full-time-equivalent (FTE) students within five (5) years of the initial operation of the new district.

Enrollment may be projected for an FTE greater than one thousand (1,000). The basis for projecting enrollment is as follows:

1. 2.5% of the proposed district population.

A. The proposed district base population shall be the populations of the component public school districts as determined from the School District Population Summary Tables prepared after the most recently completed decennial census;

B. The school district base populations will be incremented by the estimated growth rates for the counties in which the districts are headquartered through the most recent year for which county population estimates are available from the State Census Data Center; and C. The district populations derived in subparagraph (1)(D)1.B. will be projected for future years using the average annual growth between the latest decennial census and the latest county population estimates for the counties in which the districts are headquartered;

2. Projections of FTE enrollment based on local demeand for— A. Literacy and adult basic education programs;

B. Customized and contract training for area employees;

C. Other noncredit or nondegree types of instructional services; and 3. Projections of FTE enrollment based on documented demand for educational services to be offered by the proposed institution from areas within the proposed district’s service area that are not currently within an existing community college district.

(E) Standard 5. The financial viability of the proposed district is dependent on several interrelated factors involving the estimation of both revenue and operating costs. The

basis for computing operating costs is given in this subsection. The relevant revenue factors are assessed valuation of the proposed district, local tax levy and local tax income generated from the assessed valuation; student fee level and student fee income; state aid income; and other income. The local portion of revenue consists of the income generated by the tax levy on the assessed valuation of taxable, tangible property in the proposed district. The assessed valuation of the proposed district is a critical factor. The assessed valuation of the proposed district shall provide adequate financial support to the proposed district as determined by the coordinating board. The revenue derived from student fees is dependent upon the FTE enrollment and the fee amount charged to each student.

Methods for computing these factors as well as state aid income and other income are given as follows:

1. Operating costs. Estimations of operating costs are for education and general, and do not include capital expenditures or costs for auxiliary purposes. The estimated operating costs shall be based upon a student faculty ratio of twenty to one (20:1) and faculty compensation which is sufficient to attract and retain qualified and competent faculty;

2. Student fee income. This factor is determined by computing the average percent of total income, less auxiliary and restricted, provided by student fees at existing community college districts, established under the provisions of sections 178.770–178.890, RSMo for the most recent fiscal year for which data are available preceding the new district proposal. If the proposed district has a population of two hundred thousand (200,000) or fewer, the average for existing districts with populations of two hundred thousand (200,000) or fewer shall be used. If the proposed district has a population of over two hundred thousand (200,000), the average for all existing districts shall be used. This factor shall be computed by the coordinating board staff;

3. State aid income. This factor is determined by applying the current method of MATTBLUNT(9/30/03) determining state aid to the five (5)-year projected size and program diversity of the proposed community college. This factor shall be computed by the coordinating board staff;

4. Other income. An amount equal to two percent (2%) of the estimated cost of operations shall be allowed as estimation of other income for districts with populations of two hundred thousand (200,000) or less and an allowance of one-half percent (.5%) for proposed districts of over two hundred thousand (200,000) population. If the proposed new district feasibility study categorically demonstrates, in the judgment of the coordinating board, other reliable sources of income, the actual dollars so demonstrated may be added to the two percent (2%) or onehalf percent (.5%) allowance;

5. Local tax levy. The tax levy per one hundred dollars ($100) assessed valuation, for purposes of computing the adequacy of the assessed valuation to support the proposed district, shall be the maximum levy allowed, without voter approval, by section 178.870, RSMo, as follows:

LEVY ASSESSED VALUATION $.10 $1.5 Billion plus .20 $750 Million but less than $1.5 Billion .30 $500 Million but less than $750 Million .40 Less than $500 Million; and 6. Local tax income generated from assessed valuation. The purpose of establishing an assessed valuation requirement for a proposed new district is to assure that the valuation is sufficient to generate adequate funds to provide a viable college fiscal operation and education of acceptable quality. That adequacy is assessed by formulae which produce either an assessed valuation from a known amount of needed revenue or the amount of revenue generated from a known assessed valuation. The steps and formulae of the computation are— A. Estimated operating costs less estimated student fee income, less estimated state aid, less estimation of other income produces a balance which is the estimated operating cost to be provided through local tax revenue;

B. The amount of assessed valuation required to generate the needed tax revenue is computed with the following formula:

(a)(×/100) = y in which: a=the amount of the tax levy per $100 of assessed valuation; × = the assessed valuation required to generate needed tax revenue; y = the tax revenue to be generated.

In this formula, × is the unknown. If the computation reveals the value of × to be equal to or less than the actual assessed valuation of proposed district, then the assessed valuation shall be judged to be adequate; and C. The amount of tax revenue which would be generated by the assessed valuation of the proposed district is computed as follows:

(a)(×/100) = y in which: a = the amount of the tax levy per $100 of assessed valuation; × = the actual assessed valuation of the proposed district; and y = the tax revenue generated.

In this formula, y is the unknown. If the computation reveals the value of y to be as great or greater than the balance of income to be provided through local tax revenue, then the assessed valuation of the proposed district shall be judged to be adequate.

(F) Standard 6. A study of the feasibility of a proposed district shall be prepared and submitted to the coordinating board. In addition to comprehensively addressing all other standards and requirements specified in this rule, the feasibility study shall include detailed plans both for meeting the initial physical facility needs of the proposed new district and for meeting the additional start-up instructional and support costs of operation until revenue from local taxes, state aid and student fees become available, above and beyond state appropriations for existing districts.

(2) Election. If the coordinating board determines that the proposed district meets the standards set forth in section (1) of this rule, the board shall order an election in accordance with the provisions of sections 178.800 and 178.820, RSMo.

(3) Instructional Programs. In the event the proposal to organize the district receives a majority of the votes cast, programs of instruction shall be submitted for the approval of the coordinating board.

History

• AUTHORITY: sections 178.770–178.820, RSMo 2000. Original rule filed March 13, 1985, effective July 1, 1985. Rescinded and readopted: Filed July 15, 1987, effective Oct. 12, 1987. Amended: Filed April 14, 2003, effective Oct. 30, 2003. Original authority: see the Missouri Revised Statutes.

6 CSR 10-6.020 Standards for Establishing Residence Centers {#sec-6-csr-10-6.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-6.020}

PURPOSE: This rule sets forth the criteria and standards of the Coordinating Board for Higher Education, under which residence centers may be established.

(1) Definition of Residence Center.

(A) A residence center is defined as a site separate from the established existing campus of a four (4)-year institution or outside the district boundaries of a two (2)-year institution and as having the following characteristics:

1. There is a continuing administrative presence, as evidenced by at least one (1) full- or part-time administrative position based at the location. Part-time administration refers to the presence of one (1) or more persons based at the site to assume responsibilities on a continuing, day-to-day basis.

Part-time administration in this instance does not refer to those administrative services rendered from the main campus related to establishing the courses of instruction to be offered, such as registration;

2. Courses are to be offered in every semester at the location;

3. There may or may not be a complete academic program offered at the location;

4. There may or may not be a physical facility owned by the parent institution but acquisition of an instructional facility qualifies the location as a residence center regardless of the other criteria.

(2) Submission of Proposals for Residence Centers.

(A) At such time as the governing board of a public college or university adopts a plan to establish a residence center as previously defined in section (1) or is asked by representatives of a community to establish such a center, the institution may submit a proposal to the Coordinating Board for Higher Education (CBHE) for approval.

(B) Proposals for the establishment of residence centers shall be submitted in a format specified by the commissioner of higher education.

(3) Criteria and Standards for Approval of Residence Centers.

(A) Proposals for the establishment of residence centers shall address the following criteria and standards:

1. An assessment of the residence’s specific services academic programs or both of the residence center as they relate to the role and scope of the parent institution.

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A. The proposal must demonstrate that the programs and services to be offered at a residence center are consonant with the role and scope of the main campus. Academic programs to be offered at a residence center shall be programs which are offered on the parent campus, though degree programs to be offered at a residence center must be separately approved. The proposal also must identify changes in program structure, instructional methods and support services which will be necessary to accommodate the clientele of the residence center and demonstrate that these needs will be appropriately addressed.

B. Coordinating board approval of a residence center is for specific purposes in consonance with the role and scope of the parent institution. Any subsequent change in plans for a residence center will require coordinating board review and approval;

2. An assessment of the need for the center.

A. Need must be clearly established in terms of the total area to be served, including educational interests of citizens, manpower needs of local industry, business, government and other consumers, and compatibility with the statewide policy goals established by the CBHE. Clear and convincing evidence of need for the proposed center shall be demonstrated by providing information which will be generated by a survey, the form and method for administration to be determined by the CBHE. The cost of the administration of the survey shall be borne by the sponsors of the proposed center, that is, by requesting the parent institution, community organization(s) requesting such a center or both. So that respondents to the survey can make an informed judgment, information will be provided regarding any probable local cost, including, but not limited to, student fees and any local tax or other funding necessary to support a center.

B. Supplemental to the results of the survey, additional demographic information shall be provided to the coordinating board to further substantiate the need for a center. The format and method for providing this information will be determined by the coordinating board.

C. Proposals also must include evidence that the proposed center has the support of the local business, industrial and governmental organizations which are expected to benefit from the center. This supporting evidence shall demonstrate an understanding of the plans and expectations for the center and may be provided in the form of letters of support which indicate a knowledge of the plans for the center.

D. If the coordinating board determines that a bona fide need exists after examining the proposal, the coordinating board will examine whether other alternatives for delivering the services would provide quality educational services more efficiently and effectively. If the review establishes that the need can be met by such alternative agencies, approval for the establishment of a residence center will be denied;

3. An evaluation of the programs and courses to be offered at the center.

A. Proposals shall address the relationship between the planned programs and courses and the needs assessment, the potential for duplication of the offerings of other institutions in the area, and the planned staffing and academic administration of courses. The parent institution shall indicate the planned ratio of regular faculty and adjunct faculty by discipline and whether regular faculty will teach courses at the center as a part of their regular load or as an overload.

Also, the parent institution shall indicate whether programs offered at the proposed center will be under the direction and control of the same academic units which administer the programs on campus. Where there are significant differences between the staffing and administration of on-campus programs and those to be offered at the proposed center, the institution shall provide an explanation of the means by which consistency in the quality of outcomes will be ensured.

Approval of this plan does not negate the need for coordinating board review and approval of individual programs proposed for a center;

4. An evaluation of the five (5)-year expenditure and revenue plan for the center.

A. The coordinating board will specify a format for presenting the following financial information for the proposed center: anticipated revenues by source, including student fees, local support and allocation from the parent institution; planned operating expenditures by standard program classification categories; and planned expenditures for physical facilities acquisition, maintenance and operation. Proposals shall specifically address the availability of facilities, adequacy of such facilities to support planned programming and the location of facilities in relation to the population to be served.

B. There shall be clear evidence of sufficient local support to ensure financial access and quality of programming. Residence center proposals also shall include displays of financial information indicating the extent of fixed costs and anticipated constant revenues and variable costs and revenues; and 5. An assessment of the procedures to be used for periodic evaluation of the center.

A. A proposal for a new residence center shall include objectives to be used in evaluating the center after three (3) years of operation. These objectives shall be phrased in measurable terms and shall state the minimum and the most desirable levels of performance in terms of the following variables: student enrollment, student retention rates in degree programs, revenues by source, physical facilities and support services offered.

B. The evaluation plan also shall designate positions within the parent institution having responsibility for carrying out the evaluation and the time frame in which the evaluation will be completed.

(B) The coordinating board may request that the parent institution submit a general plan for phasing out the residence center in the event that performance objectives are not met.

History

• AUTHORITY: section 173.005.2(3) RSMo 1986. Original rule filed Nov. 2, 1987, effective Jan. 29, 1988. Original authority: 173.005.2(3), RSMo 1973, amended 1983, 1985, 1999.

6 CSR 10-6.030 Funding of Off-Campus and Out-of-District Instructional Sites {#sec-6-csr-10-6.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-6.030}

PURPOSE: This rule sets forth the criteria and requirements for the inclusion of selected off-campus and out-of-district instruction in the Coordinating Board for Higher Education’s appropriation recommendations and for the reimbursement of selected out-ofdistrict instruction as authorized in sections 163.191 and 173.030, RSMo.

(1) Definitions.

(A) Coordinating board—the Coordinating Board for Higher Education created by the Omnibus State Reorganization Act, Law, 1974 p. 530.

(B) Course—Any regularly approved and scheduled instructional activity— 1. For which, upon successful completion, enrolled students are given credit that can be applied to meet the requirements for achieving a degree, certificate or similar academic award;

2. Which is derivative from programs traditionally offered at the certificate or degree level, which is designed to meet career needs of employed persons or persons who intend to enter or reenter employment, and which involves the assessment of student fees;

MATTBLUNT(9/30/03)

3. Designed to assist the student in gaining degree or certificate curriculum entry proficiencies in, and only in, the areas of writing skills, speech skills, reading, mathematics and study skills related to the preparation for collegiate-level work. In addition, nontraditional developmental remedial activity may be included if— A. Students are tested and assigned to a remedial program;

B. Students are tested for a minimum proficiency standard to exit from the program;

C. Students pay a fee for the service;

D. A record of the activity is entered on the transcript; and E. The activity is not supplemental student tutoring; or 4. Which allows, if offered to one (1) company for employees of that company, enrollment of students not employed by that company. Student fees may be paid by either the student or a company, but under no circumstances may student fees be waived by the institution.

(C) Off-campus instruction—instructional activities conducted by a public four (4)-year college or university that are delivered anywhere other than in the facilities or on the grounds of the institution’s main campus, excluding those activities which are an integral part of— 1. The on-campus instructional programs but which require students to travel from the main campus for special learning experiences as in student teaching, field work and internships; or 2. A coordinating board approved cooperative degree program between two (2) or more four (4)-year colleges or universities which is offered on the campus of one (1) of the participating institutions.

(D) Out-of-district instruction—instructional activities of a community junior college as defined in section 163.191(4), RSMo which are delivered at a location beyond the legal boundary of the college’s district.

(E) State education institution—an educational institution as defined in section 176.010(5), RSMo.

(2) Designation of Areas of Prior Need.

(A) The coordinating board, under the provisions of sections 163.191.3. and 173.030(4), RSMo, is authorized to include selected off-campus and out-of-district instruction in its appropriation recommendations and to reimburse selected out-of-district instruction in areas where prior need has been established by the coordinating board.

(B) Geographic areas of prior need shall be designated by the coordinating board based on documented and specific needs assessments, the format and methodology of which shall be determined by the coordinating board. As a part of the geographic need designation process, specific educational sites may be designated for the purpose of providing needed educational services. Only under exceptional circumstances will specific educational sites for the delivery of lower division course work be designated within public school districts which are contiguous with an existing public community junior college district.

(C) The coordinating board also may designate programmatic areas of prior need which shall be based on documented and specific needs assessments, the format and methodology of which shall be determined by the coordinating board. These programmatic designations are intended to serve specialized training needs of the state which cannot be addressed through a site specific designation.

(D) The criteria used by the coordinating board for determining geographic and/or programmatic areas of prior need will include, but are not limited to:

1. Relationship to the coordinating board’s statewide policy goals;

2. Access, including programmatic, geographic, financial and special populations;

3. Identified manpower, instructional needs or both of the state, region or community or all of them.

(3) Provision of Educational Services.

(A) The determination of both institutional and instructional activity eligibility for inclusion in the coordinating board’s appropriation recommendation, to receive reimbursement or both under the provisions of this rule shall be made by the coordinating board after prior need has been established under section (2) of this rule.

(B) The designation as an eligible institution, off-campus or out-of-district instructional activity or any of these shall be based on a formal proposal submitted to and in a form determined appropriate by the coordinating board. The proposal may be initiated by an interested community organization, an educational institution, a state agency or the coordinating board; however, no proposal shall be accepted which does not show evidence of consultation and cooperation among all of these groups, as appropriate. The proposal should be responsive to the decision criteria listed in subsection (3)(D) of this

rule, shall outline specific proposed instructional activities, or courses or both, shall include a letter of agreement as described in subsection (3)(E) of this rule, if applicable, and shall include an initial educational action plan as described in subsection (5)(A) of this

rule.

(C) Instructional activities must be both a course, as defined in subsection (1)(B) of this

rule, and be determined by the coordinating board as satisfying the applicable criteria in subsection (3)(D) of this rule to be eligible under the provisions of this section.

(D) The determination of eligibility of an institution or instructional activity shall be based on the following criteria:

1. The institution’s mission statement and strategic plan;

2. Relationship of instructional services to be offered off-campus or out-of-district and those currently offered on the parent campus;

3. Responsiveness of the proposal to identified needs of the area;

4. Distance, commuting time or both between the authorized educational site and the institution’s home campus;

5. Availability of alternative means of delivering the needed service, including, but not limited to, telecommunications;

6. Availability of alternative funding for the instructional service from other sources;

7. Availability and adequacy of existing physical and support service facilities, including libraries, counseling and others as needed or the adequacy of alternative provisions;

8. Commitment that instructional staff shall meet customary institutional hiring, orientation, evaluation and development standards and expectations for instructional personnel. If an instructional activity will involve more than fifty percent (50%) adjunct faculty, the rationale for the use of adjunct faculty shall be documented and approved by the coordinating board;

9. Evidence of an appropriate student assessment plan for the proposed instructional offerings; and 10. Any other criteria previously adopted by the coordinating board pertaining to off-campus or out-of-district instructional delivery, including, but not limited to, new program approval policies and policies on instructional delivery through telecommunications.

(E) Letter of Agreement.

1. All institutions engaged in educational activities under the provisions of this rule, at a particular approved educational site, must sign a letter of agreement and the letter of agreement must be approved by the coordinating board in order for those services to be included in appropriation recommendations, funded or both. The letter of agreement shall include:

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A. A statement of the purposes of the agreement to offer services at the site;

B. A listing of the participating institutions; and C. A description of the governance structure of the site and of the delegation of educational and operational responsibilities at the site.

2. Subsequent changes in the letter of agreement concerning institutional participation, administrative structure or both are subject to the approval of the coordinating board.

3. Institutions that have received program-based authorization or those that are the sole educational providers at a specific site are not required to submit a letter of agreement; however, they are required to submit the off-campus or out-of-district proposal as required in subsection (3)(B) of this rule.

(4) Reporting Requirements.

(A) Appropriation Recommendations for State Educational Institutions.

1. Fiscal resources allocated during the most recently completed fiscal year to the provision of the instructional services authorized under section (3) of this rule shall be reported to the coordinating board as a part of the planned instructional expenditures portion of the institution’s operating budget request and shall be submitted in a form prescribed by the coordinating board.

2. Separate budgetary data as deemed appropriate by the coordinating board shall be submitted by each institution for each instructional activity authorized under section (3) of this rule.

(B) Community Junior College Reimbursement. Reimbursement for out-of-district instruction shall be limited to the amount appropriated by the general assembly for each institution.

(C) All appropriation recommendations and reimbursements made under the provisions of this rule and sections 163.191.3. and 173.030(4), are subject to the appropriation of funds by the general assembly, termination by concurrent resolution of the general assembly or both.

(D) The coordinating board will establish and promulgate specific information and data reporting procedures for authorized off-campus and out-of-district instructional activity.

All information submissions made by state educational institutions to the coordinating board shall include separate information on authorized off-campus and out-of-district instructional activities in which the responding institution is active, unless specifically exempted.

(5) Evaluation.

(A) An educational action plan shall be submitted for all instructional activities authorized under this rule in a format prescribed by the coordinating board. The plan should be cooperatively developed by the institutions offering instructional services at a site and a local citizen advisory group, when appropriate, and shall be approved by all participating institutional governing bodies. In order for instructional activities to be eligible for inclusion in the coordinating board’s appropriation recommendation, reimbursement or both, the coordinating board must have previously approved an educational action plan for those services.

(B) The educational action plan shall be evaluated annually by the participating institutions with involvement of a local citizen advisory group and a report on that evaluation shall be submitted to the coordinating board for its approval. Coordinating board approval of the annual evaluation of the action plan is necessary for a site to maintain eligibility under the provisions of this rule.

(C) An assessment of the needs which an instructional activity is intended to serve shall be accomplished at least every three (3) years utilizing a method approved by the coordinating board. Continuation of appropriation requests and funding will be predicated on the results of this needs assessment.

rule filed July 18, 1989, effective Oct. 15, 1989. *Original authority: 163.191.3, RSMo 1963, amended 1965, 1967, 1972, 1975, 1981, 1983, 1985, 1987, 1988, 1989, 1990, 1991, 1992, 2000 and 173.030(4), RSMo 1963, amended 1988, 1990, 1995.

History

• AUTHORITY: sections 163.191.3. and 173.030(4), RSMo Supp. 1988. Original

6 CSR 10-6.040 Innovation Education Campuses {#sec-6-csr-10-6.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-6.040}

PURPOSE: This rule establishes the policies and procedures for innovation education campuses to receive funding from the Innovation Education Campus Fund established by section 178.1100, RSMo. The rule also establishes the procedures to be used by the Coordinating Board for Higher Education in confirming the campuses meet the statutory criteria and in conducting the five- (5-) year review prescribed by the statute.

(1) Definitions.

(A) College degree, a credential awarded for the completion of an organized program of postsecondary study with the designation of associate or bachelor, regardless of the program of study.

(B) Coordinating Board, the Coordinating Board for Higher Education created by Section of the Missouri Constitution.

(C) Commissioner of Higher Education, the chief executive officer of the Missouri Department of Higher Education as appointed by the Coordinating Board.

(D) Innovation campus, an educational partnership consisting of at least one (1) of each of the following entities:

1. A local Missouri high school or K-12 school district;

2. A Missouri four- (4-) year public or private higher education institution;

3. A Missouri-based business or businesses; and 4. A Missouri two- (2-) year public higher education institution or State Technical College of Missouri.

(E) Innovation campus fund, the Innovation Education Campus Fund created by section 178.1100, RSMo, to fund the instruction provided through an innovation campus.

(F) MDHE, Missouri Department of Higher Education as established in section 173.005, RSMo.

(2) Innovation Campus Fund.

(A) The commissioner of higher education shall administer the fund.

(B) The coordinating board will include in its annual unified budget request to the governor and the General Assembly an appropriation to the innovation campus fund.

(C) To be included in the appropriation request, an innovation campus must submit a request to the MDHE by August 1 on forms provided by the MDHE. The request shall include, at a minimum, the following:

1. Identification of all entities partnering in the innovation campus;

2. Identification of the public institution that serves as the fiscal agent for the innovation campus;

3. A detailed request for funds that includes activities to be supported by the appropriation and the proposed allocation of funds between the partner entities; and 4. If the innovation campus has received funding in a prior year, a report of the performance of the innovation campus for the previous fiscal year regarding how the campus has made progress on the verification requirements in subsections (3)(A) and (3)(B) listed below.

(D) Priority will be given to requests that focus on the following:

1. Direct costs for the delivery of instruction through the innovation campus borne by the partnering postsecondary education institutions;

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2. Reduction or elimination of costs to students of college credit coursework completed before matriculation, including, but not limited to, dual credit, Advanced Placement, and other early college programs;

3. Reductions in cost and/or time to completion for students enrolled at the innovation campus; and 4. Direct contributions by business and industry partners, either financial or in-kind.

(E) An innovation education campus must annually verify to the Coordinating Board that it satisfies all of the criteria listed in section (3) of this rule.

1. Verification shall be provided to the Coordinating Board by May 15 on forms and in the manner prescribed by the MDHE.

2. Upon confirmation by action of the Coordinating Board that the criteria are satisfied, moneys from the fund will be disbursed as allocated in the appropriation.

(F) The allocation between partners in an innovation campus of funds appropriated to the innovation campus fund is determined through the appropriations process.

(3) Verification Requirements. An innovation campus may receive moneys from the fund upon verification to the Coordinating Board that the following criteria have been met:

(A) The innovation campus demonstrates it is actively working to lower the cost for students to complete a college degree, compared to students not enrolled at an innovation campus in the same or similar degree programs;

(B) The programs of instruction delivered through the innovation campus decrease the time required for a student to earn a college degree, compared to students not enrolled at an innovation campus in the same or similar degree programs;

(C) The innovation campus provides applied and project-based learning experiences for students;

(D) The curriculum delivered through the innovation campus is developed in consultation with partner Missouri business and industry representatives;

(E) The programs of instruction delivered through the innovation campus include direct access to internship and/or apprentice opportunities as well as part-time or full-time employment at Missouri-based businesses partnered with the innovation campus; and (F) The innovation campus engages and partners with industry stakeholders in ongoing program development and program outcomes review.

(4) The Coordinating Board will conduct a review every five (5) years of any innovation campus that receives funds from the innovation campus fund to verify ongoing compliance with the requirements of section (3) of this rule.

(A) This review shall occur five (5) years after the innovation campus received its first funds from the innovation campus fund.

(B) Continuous funding during the five- (5-) year review period is not required in order for the innovation campus to be subject to this review.

(C) The innovation campus must submit a five- (5-) year report at the request of the Coordinating Board in the form and manner prescribed by the Coordinating Board.

(D) The Coordinating Board review may include information from any sources it deems appropriate.

1. The Coordinating Board will consult with and take input from each entity that is a partner to an innovation education campus.

2. Business and industry involved in an innovation education campus, either financially or through in-kind support, may provide feedback to the Coordinating Board regarding the curriculum, courses, and investment quality of the innovation education campus.

History

• AUTHORITY: section 178.1100, RSMo Supp. 2014. Original rule filed Sept. 15, 2014, effective March 30, 2015. Original authority: 178.1100, RSMo 2013.

Chapter 7 Higher Education Contracting

6 CSR 10-7.010 Standards for Higher Education Academic Program and Research Services Contracting {#sec-6-csr-10-7.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-7.010}

PURPOSE: The purpose of this rule is to stipulate the basis upon which the Coordinating Board for Higher Education shall contract with independent colleges and universities to provide graduate or professional academic programs or research services.

(1) All contracts between the Coordinating Board for Higher Education and independent colleges and universities to provide graduate or professional programs of instruction or research services shall be through the process of competitive bidding in accordance with the rules and procedures promulgated by the Commissioner of Administration.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 173.051, RSMo 1986. Original rule filed Dec. 1, 1987, effective March 11, 1988. Original authority: 173.051, RSMo 1986, amended 1988.

Chapter 8 Dwight D. Eisenhower Mathematics and Science Education Act

6 CSR 10-8.010 General Provisions {#sec-6-csr-10-8.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-8.010}

(Rescinded December 30, 2018)

1990. Original rule filed Jan. 3, 1992, effective May 14, 1992. Rescinded: Filed June 19, 2018, effective Dec. 30, 2018.

History

• AUTHORITY: section 173.050, RSMo Supp.

6 CSR 10-8.020 Administration and Operation of Program {#sec-6-csr-10-8.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-8.020}

(Rescinded December 30, 2018)

1990. Original rule filed Jan. 3, 1992, effective May 14, 1992. Rescinded: Filed June 19, 2018, effective Dec. 30, 2018.

JOHNR. ASHCROFT(11/30/18)

History

• AUTHORITY: section 173.050, RSMo Supp.

Chapter 9 Consumer Information

6 CSR 10-9.010 Rules for the Posting of Consumer Information {#sec-6-csr-10-9.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-9.010}

PURPOSE: This rule describes the information that public institutions of higher education must post on their websites.

(1) Definitions.

(A) The term “course” shall mean any regularly scheduled instructional activity– 1. For which, upon successful completion thereof, enrolled students are given credit that can be applied to meet the requirements for achieving a degree, certificate, or similar academic award; or 2. That provides remedial instruction to students enrolled in the institution;

3. But need not include thesis or dissertation supervision; independent study; directed study or reading courses; internship supervision; individual lessons, mentoring, or supervised experiences; or any other similar activity with such a low number of enrolled students as to allow respondents to be personally identified.

(B) The term “course information” shall include a schedule listing all courses that will be offered during an academic term, all sections of each course, the name(s) and credentials of the faculty member(s) who will teach each class, and the time and location at which each course will be offered.

(C) The term “credentials” shall include the highest postsecondary degree or certificate earned by the faculty member and the faculty member’s title (e.g., full professor, adjunct professor, part-time professor, graduate student, graduate assistant, and/or teaching assistant).

(D) The term “department” means the Missouri Department of Higher Education and Workforce Development.

(E) The terms “faculty” and “faculty member” shall refer to each person assigned full or partial responsibility for delivery of academic course(s) at a Missouri public higher education institution.

(F) The term “feasible” shall mean capable of being performed.

(G) The terms “instructor ratings by students” and “ratings” shall mean certain evaluative information, as designated by each institution, collected at least annually, provided by students enrolled in a course about the performance of the faculty member(s) responsible for delivery of all or part of the course. Ratings posted on an institution’s website need not include all information collected in regularly conducted evaluations of faculty by students and may consist of information gathered specifically for publication on the institution’s website.

(H) The term “post” shall mean to publish on an institution’s website.

(I) The terms “public higher education institution” and “institution” shall mean an approved public institution as defined in section 173.1102, RSMo.

(J) The term “section” shall mean— 1. In cases where more than one (1) course with the same prefix, course number, and course title are offered, each distinct offering in which students may enroll; and/or 2. Each separate subdivision within one (1) course in which students break into groups in a formal manner to discuss and/ or practice course content.

(2) Each institution shall post each of the following on a portion of its website that is available to the general public without a login, student ID, user ID, or other password, except that no institution shall be required to post any item the publication of which would constitute a violation of state or federal law:

(A) The Names and Credentials of All Faculty Members. This information must be posted no later than the first day of the first academic term starting on or after August 1, 2008, and for each academic term thereafter;

(B) All Course Information. This information must be posted before enrollment begins for the first academic term starting on or after August 1, 2008, and every academic term thereafter.

Course information must thereafter be posted no later than ten (10) calendar days before the first day that any student may enroll for the next academic term. If course information is not available ten (10) calendar days before the first day that any student may enroll for the next academic term, the institution shall post the information on its website as soon as the information is available. If course information changes at any time before the conclusion of the semester, the institution must update its website to reflect the change(s).

(3) Where feasible, each institution shall post on its website instructor ratings by students, except that no institution shall be required to post any item the publication of which would constitute a violation of state or federal law.

(A) The ratings must include a faculty member’s ratings for multiple academic terms, including the most recent ratings available.

(B) Each institution may determine whether to post each faculty member’s ratings— 1. As an aggregate representing ratings received for all courses taught by that faculty member; or 2. For each individual course taught by the faculty member.

(C) Institutions need not post ratings of faculty members who are teaching for the first time at the institution if no such ratings exist.

(D) If an institution decides to post ratings for each individual course taught by the faculty member and a faculty member is teaching a course for the first time, the institution need not post ratings for that course if no such ratings exist.

(E) This information must be posted at least ten (10) calendar days before the first day that any student may enroll for the next academic term, starting with the first academic term starting on or after August 1, 2009, and every academic term thereafter.

(F) If the department determines that the ratings posted by an institution do not provide sufficient information as prescribed by the authorizing statute and this rule, that institution shall work cooperatively with the department to develop ratings that do comply with the requirements of the authorizing statute and this rule.

(G) Ratings must be posted on a portion of the institution’s website that may be viewed by currently enrolled students and by all new students participating in the enrollment process at the institution.

(5/31/24) John R. Ashcroft OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT *Original authority: 173.1004, RSMo 2007, amended 2018.

History

• AUTHORITY: section 173.1004, RSMo Supp. 2023. Original rule filed Oct. 25, 2007, effective May 30, 2008. Amended: Filed Nov. 9, 2023, effective June 30, 2024.

6 CSR 10-9.020 Approved Dual Credit Provider {#sec-6-csr-10-9.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-9.020}

PURPOSE: This rule establishes the process by which certain postsecondary institutions may be recognized as an approved dual credit provider in the state of Missouri per section 173.2500, RSMo.

(1) Definitions.

(A) “Approved dual credit provider” means an approved Missouri postsecondary institution offering dual credit that is included on a list approved by the Coordinating Board for Higher Education and published by the Department of Higher Education and Workforce Development.

(B) “Approved Missouri postsecondary institution” means any public, private, or virtual Missouri higher education institution as defined in section 173.1102, RSMo.

(C) “Board,” “CBHE,” or “Coordinating Board” means the Coordinating Board for Higher Education.

(D) “Department” means the Department of Higher Education and Workforce Development.

(E) “Dual credit” means college level coursework delivered by a postsecondary education institution and taught in the high school by instructors with appropriate academic credentials to high school students who are earning high school and college credit simultaneously.

(2) Jurisdiction.

(A) This rule is applicable to all approved Missouri postsecondary institutions seeking recognition by the department as an approved dual credit provider.

(B) A dual credit course shall not be advertised or represented as being delivered by an approved dual credit provider in the absence of approval by the CBHE.

(C) As a condition of administering student financial assistance through the Dual Credit and Dual Enrollment Scholarship Program, institutions may be required to meet additional eligibility requirements as defined in 6 CSR 10-2.195.

(3) Approval Process.

(A) The department will notify approved Missouri postsecondary institutions, no later than April 15 each year, to submit documentation required for recognition as an approved dual credit provider.

(B) Institutions seeking to become or to remain an approved dual credit provider in Missouri shall submit the following documentation to the department by May 30 each year:

1. Identification of all locations in Missouri where the institution will offer dual credit courses;

2. The dual credit courses the institution plans to offer in the upcoming year; and 3. The fee the institution will charge students per credit hour for each dual credit course.

(C) The department will present a list of eligible institutions to the board for review and approval at the next regularly scheduled CBHE meeting.

(D) Upon approval by the board, the department will publish the list of approved dual credit providers.

(E) In the event an approved dual credit provider must revise a location, course, and/or fee after board approval, the institution will submit such revisions to the department for review and approval by the commissioner of higher education prior to enrolling students in the dual credit course.

History

• AUTHORITY: section 173.2500, RSMo Supp. 2023. Original rule filed April 21, 2023, effective Nov. 30, 2023. Original authority: 173.2500, RSMo 2016, amended 2022.

Chapter 10 Out-of-State Public Institutions

6 CSR 10-10.010 Out-of-State Public Institutions {#sec-6-csr-10-10.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-10.010}

PURPOSE: This rule describes the requirements with which outof-state public institutions that offer instruction in Missouri must comply.

(1) Definitions.

(A) “Accreditation” means the status of public recognition conferred by an accreditor recognized by the U.S. Department of Education as a reliable authority concerning the quality of education or training provided by institutions of higher education.

(B) “Board” means the Coordinating Board for Higher Education created by section 173.005, RSMo.

(C) “Certificate” means any award, including a diploma, that does not have a degree designation of associate, baccalaureate, master, education specialist, or doctorate.

(D) “Course” means a defined and unique educational offering with discrete objectives and requirements in support of a program or certificate, regardless of how the offering is delivered. A course may be offered as a distinct program or certificate.

(E) “Department” means the Department of Higher Education and Workforce Development.

(F) “Distance education” means those education opportunities provided for credit by institutions of higher education through online services or other distance modalities where the participants are at a distance from each other and may or may not be separated in time (synchronous vs. asynchronous).

(G) “Duplication” means offering a program, certificate, or course that is the same or substantially similar to a program, certificate, or course that is currently approved by a Missouri public higher education institution.

(H) “Dual credit courses” means college-level coursework delivered by a postsecondary educational institution and taught in a Missouri high school by instructors with appropriate academic credentials to Missouri high school students earning high school and college credit simultaneously.

(I) “Dual enrollment courses” means postsecondary courses of instruction delivered by a dual-enrollment provider in which a secondary school student is concurrently enrolled in a Missouri high school and the dual enrollment provider.

(J) “Out-of-state public institution of higher education” means an education institution located outside Missouri meeting the requirements of section 173.005, RSMo.

(K) “Physical presence” means any location within the state of Missouri where, or through which, an out-of-state public institution of higher education operates for the purpose of offering programs, certificates, or courses. Location is defined to include any address, physical site, electronic device, or telephone number within or originating from within the boundaries of the state of Missouri. Physical presence shall also mean a formally scheduled instructional interaction, clinical internship, or field experience related to Missouri’s licensed professions, organized by or through an institution taking place between two (2) or more students and/or instructors, or preceptors, within the state of Missouri or any signed contract or agreement between a Missouri organization and an out-of-state institution to enroll students. Physical presence does not include any activities conducted by an out-of-state public institution of higher education that is covered by the provisions of the State Authorization Reciprocity Agreement.

(L) “Point of contact” means an individual who is designated by the out-of-state public institution of higher education as the person responsible for receiving and conveying information between the institution and the board or the department. The department will direct all communications regarding the outof-state public institution of higher education’s activities in Missouri to the point of contact.

(M) “Program” means a prescribed course of study that leads to the formal award of a certificate or degree.

(2) Jurisdiction. No out-of-state public institution of higher education may offer programs, certificates, or courses, including those offered as dual credit or dual enrollment, within the state of Missouri without receiving prior approval from the board and payment of appropriate fees. Approval to operate via physical presence or approval to offer distance education does not automatically confer approval to offer such programs, certificates, or courses, as these must be submitted separately for review and approval. Programs offered cooperatively between a Missouri public institution and an out-of-state public institution that are transcripted by the Missouri public institution are not subject to this rule.

Approved out-of-state public institutions providing approved dual credit or dual enrollment courses in Missouri will be subject to the same annual reporting requirements as Missouri institutions.

(3) Approval to Establish a Physical Presence in Missouri.

(A) Out-of-state public institutions of higher education must submit a request to the department for approval to operate through a location within the state of Missouri. The request must include the following:

1. Name of the institution;

2. Physical location where or through which instruction will be provided in Missouri;

3. Name and contact information of the chief administrative officer of the Missouri location and the point of contact of the Missouri location, if different;

4. Verification of institutional and any programmatic accreditation;

5. Verification the institution is not currently subject to a sanction by its recognized institutional accreditor, the absence of which is sufficient to deny approval;

6. A list of all programs, certificates, or courses, including outcome awards and Classification of Instructional Programs (CIP) codes, the institution will propose to offer at the Missouri location;

7. Institution’s plan for ensuring the program(s) anticipated to be offered at or through the location will have adequate qualified faculty to offer high-quality programs; and 8. Copies of the institution’s complaint policies.

(B) The department may seek additional information, documentation, research, or verification submitted or received from any source in supplement to the pending application.

This may include information regarding potential unnecessary duplication of programs offered by Missouri public institutions or other potential program offerings that, if proposed by a Missouri public institution, may require review through the comprehensive review process as described in 6 CSR 10-4.010.

(C) Upon review of all documents regarding the application, the department will provide a recommendation to the board at the next available board meeting.

(D) The board may approve or deny the proposal to establish (3/31/25) Denny Hoskins OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT a physical presence in Missouri. If approved, such approval will be for a period of three (3) years and is subject to renewal and payment of a renewal fee.

(E) Any approval of a location in Missouri by an out-of-state public institution of higher education shall not be construed or interpreted such that students attending the institution are considered to be attending a Missouri public institution of higher education for purposes of obtaining student financial assistance.

(F) Out-of-state public institutions of higher education that receive board approval to operate a location in Missouri shall be held to the same standards for program review and policies for closure, information disclosure, data collection, cooperation, and dispute resolution as Missouri public institutions of higher education.

(4) Approval to Offer Distance Education.

(A) Out-of-state public institutions seeking to offer programs, certificates, or courses in Missouri via distance education that are not participants in a state that is a member of a distance education reciprocity agreement to which Missouri is also a member must submit a request to the department for approval to offer education via distance or other modalities that do not include a physical presence. The request must include the following:

1. Name of the institution;

2. Address of main campus or the campus through which the program(s), certificate(s), or course(s) will be offered;

3. Name and contact information of the chief administrative officer of the location through which distance education is offered and the point of contact of the institution, if different;

4. Name and verification of recognized institutional and any programmatic accreditation;

5. Verification the institution is not currently subject to a sanction by its recognized institutional accreditor, the absence of which is sufficient to deny approval;

6. Copies of student information disclosures the institution uses to advise students regarding educational requirements for professional licensure programs; and 7. Copies of the institution’s complaint policies.

(B) The department may seek additional information, documentation, research, or verification submitted or received from any source in supplement to the pending application.

(C) Any approval to offer distance education by an out-ofstate public institution of higher education approved under this rule shall not be construed or interpreted such that students enrolled in the program, certificate, or course are considered to be attending a Missouri public institution of higher education for purposes of obtaining student financial assistance.

(D) Out-of-state public institutions of higher education that receive approval to offer distance education programs, certificates, or courses in Missouri shall be held to the same standards for data collection as Missouri public institutions of higher education.

(5) Program, Certificate, or Course Review and Approval. Outof-state public institutions of higher education with a physical presence must submit programs, certificates, and courses for review and approval. The three (3) types of review for programs, certificates, and courses are staff, routine, and comprehensive.

(A) Staff review is to consider minor changes to currently approved programs, certificates, or courses. Such changes include inactivation or deletions, changing the program title or CIP code, or minor curriculum changes that do not, in the opinion of the department, rise to the level of a new program, certificate, or course. More extensive revisions may be referred to the routine or comprehensive review level.

1. Department staff may request additional information from the proposing institution to determine the appropriate level of review and ensure all required information is included in the proposal.

2. Staff will report staff review actions to the board at the next regular board meeting following completion of the review.

(B) Routine review is for new programs, certificates, or courses, or for changes to existing programs, certificates, or courses, deemed by staff to not meet the criteria for staff review. Programs, certificates, or courses to be offered in Missouri may be considered under routine review if they meet the following criteria:

1. The program, certificate, or course is already offered on the main out-of-state campus of the institution;

2. The program, certificate, or course does not unnecessarily duplicate an existing program, certificate, or course in the applicable geographic area; and 3. The proposal includes a compelling rationale justifying the need for the program, certificate, or course and why the proposing institution is best suited to deliver the program, certificate, or course.

(C) Comprehensive review is for new programs, certificates, or courses or changes to existing programs, certificates, or courses deemed by staff to not meet the criteria for routine review. Programs, certificates, or courses to be offered in Missouri may be considered under comprehensive review if they meet the following criteria:

1. The program, certificate, or course is not offered at the main out-of-state campus of the institution;

2. The program, certificate, or course duplicates an existing program, certificate, or course offered by a public two- (2-) or four- (4-) year college or university in the applicable geographic area; or 3. The institution does not have a compelling rationale justifying the need to offer the program, certificate, or course in Missouri, including why the proposing institution is best suited to deliver the program.

(6) Fees. Payment may be made electronically or by check.

Fees should be made payable to the Missouri Department of Higher Education and Workforce Development. Fees are nonrefundable.

(A) Application to Establish or Renew Physical Presence $3,000 (B) New Program, Certificate, or Course Application (Physical Presence) $1,500 (C) Program, Certificate, or Course Change (Staff Review) $250 (D) Application to Offer or Renew Approval for Distance Education $1,500 (E) New Program, Certificate, or Course Application (Distance Education) $750 (7) Probation, Suspension, or Revocation. An out-of-state public institution of higher education authorized to operate in Missouri via physical presence or for distance education may be placed on probation, may be suspended, or may have its authorization revoked for reasons of noncompliance with the provisions of this rule, including adverse actions from the institution’s or the programmatic accreditor.

AND WORKFORCE DEVELOPMENT OF HIGHER EDUCATION

History

• AUTHORITY: section 173.005, RSMo Supp. 2024. Original rule filed Dec. 17, 2007, effective June 30, 2008. Amended: Filed April 15, 2013, effective Oct. 30, 2013. Rescinded and readopted: Filed Nov. 5, 2024, effective April 30, 2025. Original authority: 173.005, RSMo 1973, amended 1983, 1985, 1999, 2003, 2005, 2007, 2010, 2011, 2012, 2013, 2016, 2018.

Chapter 11 * - Nursing Education Incentive Program (Moved to 20 CSR 2200-7)

6 CSR 10-11.010 Nursing Education Incentive Program {#sec-6-csr-10-11.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-11.010}

(Moved to 20 CSR 2200-7.010)

JOHNR. ASHCROFT(5/31/17)

Chapter 12 Interstate Reciprocity

6 CSR 10-12.010 State Authorization Reciprocity Agreement {#sec-6-csr-10-12.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-12.010}

PURPOSE: This rule sets forth the standards and procedures through which schools may be approved to participate in the State Authorization Reciprocity Agreement (SARA) and that students enrolling in SARA schools have financial and educational safeguards as provided in the rule.

(1) Definitions.

(A) “Accredited” means holding institutional accreditation by name as a U.S.-based institution from an accreditor recognized by the U.S. Department of Education.

(B) “Approve” or “Approval” in the context of an institutional application to operate under State Authorization Reciprocity Agreement (SARA) means a written statement by a home state that an institution meets the standards required by SARA and is eligible to operate under SARA.

(C) “Authorized” means holding a current valid charter, license, or other written document issued by a state, the federal government, or a recognized Indian tribe, granting the named entity the authority to issue degrees and operate within a state or jurisdiction.

(D) “Charter” means a document bearing the word Charter issued by proper governmental authority that names a college or university as a degree-granting institution authorized to operate under the laws of the issuing jurisdiction.

(E) “Clinical” means a supervised field experience through which students earn academic credit through observation, treatment, and interaction with actual patients.

(F) “Complaint” means a formal assertion in writing that the terms of this agreement, or of laws, standards, or regulations incorporated by this agreement, are being violated by a person, institution, state, agency, or other organization or entity operating under the terms of this agreement.

(G) “C-RAC Guidelines” or “Council of Regional Accrediting Commissions (C-RAC)” refers to the Interregional Guidelines for the Evaluation of Distance Education Programs (Online Learning) for best practices in postsecondary distance education developed by leading practitioners of distance education and adopted by the C-RAC.

(H) “Credits” means numeric descriptors of completion of academic work applicable toward a degree, including the Carnegie unit system and competency units.

(I) “Degree” means an award conferred at the associate level or higher by an institution as official recognition for the successful completion of a program of studies.

(J) “Distance education” means instruction offered by any means where the student and faculty member are in separate physical locations. It includes, but is not limited to, online, interactive video, or correspondence courses or programs.

(K) “Faculty” means a professional individual employed by or contracting with an institution primarily to teach, conduct research, or provide related professional education services.

(L) “Home state” means a member state where the institution holds its legal domicile for purposes of accreditation. To operate under SARA an institution must have a single home state.

(M) “Host state” means a member state in which an institution operates under the terms of this agreement, other than the home state.

(N) “Hybrid” means an educational program or course that includes both face-to-face and distance education. Also known by the name “blended” and, sometimes, other terms.

(O) “Institution” means a degree-granting, postsecondary entity holding recognized accreditation for purposes of participation in (P) “Internship” means a supervised field experience through which students earn academic credit and practical experience through training, observation, and interaction with employees and customers in an ongoing organizational or business setting. The term “internship” may be interchangeable with “externship” based on state or institutional definitions.

(Q) “Member state” means any state, district, or territory that has joined a SARA agreement through a regional compact.

(R) “Non-degree award” means a formal postsecondary award that does not carry the designation of Associate degree or higher.

(S) “Operate” means activities conducted by an institution in support of offering distance education degree or non-degree courses or programs in a state, including, but not limited to, instruction, marketing, recruiting, tutoring, field experiences, and other student support services.

(T) “Physical presence” means a measure by which a state defines the status of an educational institution’s presence within the state. An institution or an institution’s program meeting one (1) or more of the criteria for physical presence must meet the non- SARA requirements to operate legally in the state of Missouri.

1. Physical presence includes— A. A physical location for groups of five (5) or more students to receive synchronous or asynchronous instruction;

B. A requirement for students to meet in a location for instructional purposes more than twice per quarter or semester for a total of more than six (6) contact or clock hours;

C. Administrative office spaces for instructional and non-instructional staff;

D. A physical site on behalf of an institution from which prospective students may receive information regarding enrollment or students may receive support services;

E. Short courses that require more than twenty (20) contact hours; or F. A mailing address or phone exchange within the state.

2. An institution is not considered to have a physical presence and therefore eligible for purposes of participation in SARA if it only— A. Advertises via print, billboard, mail, or electronic media;

B. Offers courses of programs on military bases and enrollment is restricted to federal employees and their family members;

C. Maintains a server, router, or similar device in a facility that otherwise would not constitute a physical presence;

D. Employs faculty or other academic personnel who reside in the state;

E. Holds proctored exams at a Missouri location on behalf of the institution;

F. Recruits for a distance education program;

G. Participates in a consortia agreement to offer academic programs among SARA institutions and approved by each participating institution;

H. Has a contractual arrangement with the home or host state; or I. Offers students educational field experiences or limited supervised field experiences in Missouri. Field experiences originating from campus-based programs are considered distance education for the purposes of participation in SARA if they place fewer than ten (10) students per program cohort and do not involve multi-year contracts between the institution and a location within the host state.

(U) “Portal agency” means the single agency designated by each SARA member state to serve as the interstate point of contact for SARA questions, complaints, and other communications. The Missouri Department of Higher Education is the portal agency for the state of Missouri.

(V) “Regional compact” means the New England Board of Higher Education, Midwestern Higher Education Compact, Southern Regional Education Board, or Western Interstate Commission for Higher Education.

The Midwestern Higher Education Compact is the regional compact to which Missouri is a signatory.

(W) “SARA” means the State Authorization Reciprocity Agreement, which is an agreement among member states, districts, and territories that establishes comparable national standards for interstate offering of postsecondary distance education courses and programs.

(X) “State” means any state, commonwealth, district, or organized territory of the United States.

(Y) “Supervised field experience” means a student learning experience under the oversight of a supervisor, mentor, faculty member, or other qualified professional, located in the host state, who has a direct or indirect reporting responsibility to the institution where the student is enrolled, whether or not credit is granted. Examples include practica, student teaching, or internships. Independent off-campus study by individual students not engaged in a supervised field experience does not constitute a physical presence of a postsecondary institution in a SARA member state.

(2) Responsibilities of the Missouri Department of Higher Education (MDHE).

(A) Consistent with Midwest State Authorization Reciprocity Agreement (M-SARA) requirements, MDHE shall— 1. Serve as the primary point of contact for Missouri institutions participating in SARA for any issues that may arise between the institution and other SARA member states;

2. Serve as the point of contact for all other SARA member states and their agencies for questions about SARA within Missouri;

3. Determine whether a Missouri institution is eligible for participation in SARA, and lead any investigations regarding whether an institution is in compliance with SARA rules and policies; and 4. Serve as the contact point for complaints about any institutions in the state that are operating under SARA.

(B) MDHE will require each Missouri applicant institution to apply for state approval using the standard SARA institutional application including the agreement to operate under the C-RAC guidelines.

(C) MDHE will review applications for renewal of approval to participate in SARA on an annual basis.

(D) MDHE will recommend, and the Coordinating Board for Higher Education (CBHE) will approve, an annual fee schedule that provides sufficient funds to cover the administrative costs for oversight of SARA.

(E) MDHE will verify institutional accreditation by an accrediting body recognized by the U.S. Department of Education. Such accreditation is considered by MDHE to be sufficient initial evidence of academic quality for approving institutions for participation in (F) MDHE will accept applications from accredited degree-granting institutions of all sectors. Applications are approved based on the same criteria regardless of sector.

(G) For non-public institutions, MDHE will accept an institutional federal financial responsibility rating of 1.5 or above as sufficient evidence of financial stability to qualify for participation in SARA.

(H) In the event an institution does not participate in federal Title IV financial aid, and therefore has no federal financial responsibility rating, MDHE will calculate this rating before allowing an institution to participate in 1. For an institution with a financial responsibility rating of 1.0 to 1.4, MDHE will consider the institution for participation in SARA if the institution provides one (1) of the following:

A. A performance bond or irrevocable letter of credit in an amount equivalent to the unearned tuition of SARA students; or B. Evidence and commitment of sufficient financial resources available to the institution to meet the above requirement.

2. MDHE will not consider an initial or renewal application for participation in SARA from an institution with a financial responsibility rating less than 1.0.

(I) In the event of an unanticipated closure or natural disaster impacting a campus, MDHE will work with the institution to develop and approve a plan for the protection of student records. All Missouri institutions participating in SARA must agree to provide a comprehensive plan for providing students with opportunities to complete their education program and for preservation of student records upon request from the MDHE.

(3) Institutional Responsibilities.

(A) Missouri institutions seeking participation in SARA must hold proper authorization from Missouri to offer postsecondary education, hold accreditation from an accrediting association recognized by the U.S. Department of Education, and maintain minimally accepted financial responsibility scores. (See Responsibilities of MDHE)

(B) Any Missouri institution operating under SARA that offers courses or programs potentially leading to professional licensure must keep all students and potential students informed as to whether such offerings actually meet state licensing requirements. An email dedicated solely to this purpose and sent to the student’s best known e-mail address meets this requirement. The institution should use other means to notify the student if needed. SARA eligibility of the course or program offered will result for failure to provide proper notice in one (1) of the two (2) ways listed below:

1. The institution will notify the applicant or student in writing that the institution has determined the course or program meets the requirements for professional licensure in the state where the applicant or student resides; or 2. The institution will notify the applicant or student in writing that the institution cannot confirm the course or program meets requirements for professional licensure in the student’s state. The institution must provide the student with current contact information for any applicable licensing boards and advise the student to determine whether the program meets requirements for licensure in the state where the student resides. Such contact information may include, but is not limited to, the current, active website of the applicable licensing board.

(C) In order to maintain approval, an institution must agree to— 1. Abide by the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions, as summarized below:

A. Online learning is appropriate to the institution’s mission and purposes;

B. The institution’s plans for developing, sustaining, and, if appropriate, expanding online learning offerings are integrated into its regular planning and evaluation processes;

C. Online learning is incorporated into the institution’s systems of governance and academic oversight;

D. Curricula for the institution’s online learning offerings are coherent, cohesive, and comparable in academic rigor to programs offered in traditional instructional formats;

E. The institution evaluates the effectiveness of its online learning offerings, including the extent to which the online learning goals are achieved, and uses the results of its evaluations to enhance the attainment of the goals;

F. Faculty responsible for delivering the online learning curricula and evaluating students’ success in achieving the online 4CODE OF STATE REGULATIONS (5/31/15) JASONKANDER learning goals are appropriately qualified and effectively supported;

G. The institution provides effective student and academic services to support students enrolled in online learning offerings;

H. The institution provides sufficient resources to support and, if appropriate, expand its online learning offerings; and I. The institution assures the integrity of its online offerings;

2. Be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA;

3. Notify MDHE of any negative changes to its accreditation status or financial stability;

4. Provide data necessary to monitor SARA activities, as determined by MDHE;

5. Submit annual participation fees as appropriate to National Council for State Authorization Reciprocity Agreements (NC- SARA) and MDHE;

6. Make the institution and MDHE’s complaint resolution policies readily available to applicants and students for coursework under SARA provisions. Readily available in this context means published as part of the institution’s catalog or student handbook and/or published on the institution’s website;

7. Work with MDHE to resolve any complaints arising from its students in SARA states and to abide by decisions of MDHE.

Complaints must follow the institution’s customary resolution procedure prior to being referred to MDHE under SARA procedures.

Under SARA, MDHE will not accept complaints more than two (2) years after the incident, complaints regarding grade appeals, or appeals related to student conduct violations.

Complaints concerning criminal misconduct should be filed directly with local law enforcement authorities. Complaints relating to violations of federal law should be filed directly with the federal agency having jurisdiction over the matter in question (e.g., complaints regarding federal financial aid should be filed with the U.S. Department of Education); and 8. Agree, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative, as determined by MDHE, for delivering the instruction or reasonable financial compensation, as determined by MDHE, for the education the student did not receive.

(4) Complaint Process.

(A) If MDHE receives a complaint about a Missouri institution, the complainant will be contacted by MDHE staff (Academic Affairs or Proprietary School Certification, as appropriate) to determine if the complainant has exhausted the grievance process at the institution.

(B) If the institutional grievance process has been completed, MDHE will provide appropriate forms to file a formal complaint against the institution. If the complainant has not utilized the institutional remedies available, the individual will be directed to contact the institution to seek resolution.

(C) The formal complaint must be submitted in writing using the form provided by MDHE. The complaint may be mailed or faxed and must include supporting materials as well as documentation verifying institutional remedies have been exhausted. MDHE staff will acknowledge receipt of the formal complaint in writing.

(D) SARA-related complaints that fall within the jurisdiction of the department will be investigated and resolved as appropriate by the relevant unit of MDHE. SARA applies solely to those complaints resulting from distance education courses offered by participating institutions to students in other SARA states. It does not apply to distance education activity inside Missouri or to on-ground campuses. Complaints concerning criminal misconduct will be referred to local law enforcement authorities. Complaints relating to violations of federal law will be referred to the federal agency having jurisdiction over the matter in question.

(E) Institutions will provide a response to the complaint within ten (10) working days of official notification by MDHE.

(F) All parties to the complaint will be notified of its resolution by mail.

(G) MDHE will keep a log of all complaints, record the date received, the name of the complainant, the institution against which the complaint is made, a brief description of the complaint, and the date and nature of its disposition.

History

• AUTHORITY: section 173.030, RSMo Supp. 2014. Original rule filed Dec. 1, 2014, effective June 30, 2015. Original authority: 173.030, RSMo 1963, amended 1988, 1990, 1995, 2014.

Chapter 13 Educational Credit for Military Training or Service

6 CSR 10-13.010 Educational Credit for Military Training or Service {#sec-6-csr-10-13.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-13.010}

PURPOSE: The purpose of this rule is to set forth the guidelines to be followed by all public institutions of higher education in the state, including vocational and technical schools, for awarding veterans educational credit for prior military training or service.

This rule is in compliance with the requirements of section 173.1158, RSMo, which grants the Coordinating Board for Higher Education and Department of Higher Education and Workforce Development the authority to generate this rule.

(1) Definitions.

(A) The term “public institution” shall refer to any Missouri public institution of higher education as defined in section 173.1102(3), RSMo.

(B) The term “educational credit” or “credit” shall refer to those credits awarded to students for prior military service or training, and which may apply toward the requirements of a certificate, licensure, diploma, or degree at a public institution.

(C) The term “prior military training or service” shall refer to any prior service or training that may be eligible for educational credit as determined by the public institution.

These include, but are not limited to:

1. University coursework completed during military service;

2. Examinations, such as the College Level Examination Program (CLEP), and the CLEP portion of the Defense Activity for Non- Traditional Education Support (DANTES)

Language School; and 3. Military courses developed and taught by military personnel.

(2) All public institutions of higher education shall develop and implement policies and procedures consistent with the guiding principles enumerated in section (3) of this rule that allow for the effective evaluation and awarding of credit to students with prior military service or training.

(3) Guidelines for Awarding Educational Credit for Military Service or Training.

(A) Prior military service or training takes many forms, therefore all public institutions of higher education in the state shall refer to the recommendations provided by the American Council on Education (ACE) Military Guide, or its successor document, when evaluating and awarding educational credits for prior military service or training.

(B) While public institutions should evaluate veterans’ military transcripts to determine whether prior military service or training meets educational requirements, they should also provide opportunities whereby such students may be evaluated for educational credits. These include but are not limited to nationally recognized examinations, coursespecific examinations designed by college or university faculty, and/or portfolio or other means of competence demonstration. Public institutions should also document the earning of credits through the institutional evaluation.

(C) Public institutions should work to award students who are also veterans with credits that fulfill major degree requirements whenever possible if that student’s prior military service or training is equivalent in content or experience to courses at the institution. Otherwise, the institution should give appropriate credit to fulfill a general education requirement or other elective course.

(D) Any credits awarded to a student whose prior military service or training has been deemed equivalent for such credits shall be treated in the same manner as they would for native students in accordance with the Department of Higher Education and Workforce Development’s transfer and articulation

rule at 6 CSR 10-3.020.

(E) Students who are also veterans should consult with registrars and/or academic advisors in an effort to determine whether their prior military service or training fulfills any certificate, course, or major requirements.

These students should also provide any necessary supporting documentation for use in the evaluation of prior experience by the college or university he or she attends.

(F) Public institutions should disseminate information regarding the awarding of educational credits for prior military service or training, which includes information on course equivalencies, the number of credits awarded, and education opportunities for such credit. This information should be easily accessible and made available to all current and prospective students.

(G) All credit deemed acceptable must meet the scope and mission of the awarding public institution.

History

• AUTHORITY: section 173.1158, RSMo 2016. Original rule filed June 13, 2016, effective Jan. 30, 2017. Amended: Filed March 23, 2022, effective Sept. 30, 2022. Original authority: 173.1158, RSMo 2013.

Chapter 14 Limit on Tuition Increases

6 CSR 10-14.010 Tuition Increases {#sec-6-csr-10-14.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 10-14.010}

PURPOSE: This rule establishes the process by which public institutions of higher education in Missouri will demonstrate compliance, or seek a penalty waiver for noncompliance, with limits on annual tuition increases in accordance with the Higher Education Student Funding Act, sections 173.1000- 173.1003, RSMo.

(1) Definitions.

(A) Academic year means the fall and spring semesters between August 1 and July 31 of one (1) three hundred sixty-five- (365-) day period.

(B) CBHE means the Coordinating Board for Higher Education.

(C) Commissioner means the Commissioner of Higher Education.

(D) Course fees means those fees in addition to tuition charged to full-time undergraduate students for enrollment in specific courses, excluding student approved fees and required fees.

(E) Differential tuition or differentiated tuition means a system of charging tuition in which Missouri resident undergraduate students enrolled full-time in certain undergraduate degree programs designated by the institution are charged tuition at additional rates or amounts greater than what is charged to each Missouri resident undergraduate student for courses required for that degree program.

The additional rates or amounts of tuition in a differentiated tuition system must be based on enrollment in the designated degree program and not based on enrollment in specific courses.

(F) Elective means a course or class taken by a student which does not satisfy any required component of a degree program, including required general education courses, for which an institution is charging differentiated tuition.

(G) Student approved fee means any fee the amount of which has been approved by a majority of students who vote in a campuswide election or by a majority of members of an officially recognized student government organization popularly elected by the students of an institution or a campus within a multicampus system.

(H) Included institution means all institutions that offer four- (4-) year degree programs, State Technical College, and any community college that charges out-of-district Missouri residents tuition that is equal to or exceeds the average tuition.

(I) Institution means an approved public institution of higher education, as defined in

section 173.1102, RSMo. An institution that is comprised of more than one (1) campus at which the same level of degree is offered shall constitute one (1) institution for purposes of this rule.

(J) MDHEWD means the Missouri Department of Higher Education and Workforce Development.

(K) Notice of tuition change means written documentation in a format prescribed by MDHEWD, the accuracy of which is attested by the institution’s president or chancellor, indicating the tuition for the current academic year, the tuition for the upcoming academic year, and the percentage change between the two (2).

(L) Required fees means those fees charged to all full-time undergraduate students and excludes course fees and any student approved fee established after August 27, 2007.

(M) Tuition means the dollar amount an institution charges each Missouri resident undergraduate student enrolled in thirty (30) credit hours plus the required fees for the academic year. In the community college context, “tuition” means out-of-taxing-district Missouri resident tuition plus the required fees for the academic year.

(2) Notice of Tuition Increases.

(A) By July 1 of each year, beginning July 1, 2022, each included institution must submit its notice of tuition change to the CBHE, via MDHEWD. If the notice of tuition change is discovered to be inaccurate or becomes inaccurate due to changes in underlying data or assumptions, the institution shall notify MDHEWD immediately and submit a corrected notice of tuition change as soon as practicable.

(B) Any institution that imposes a mid-year tuition increase and/or switches to differential tuition mid-year must provide a notice of tuition change reflecting the increase as soon as it is practically possible to do so.

(3) Differentiated Tuition.

(A) An institution may utilize differentiated tuition. An institution that is comprised of more than one (1) campus at which the same level of degree is offered may decide to use differentiated tuition at all of its campuses or only at designated campuses.

(B) If an institution decides to utilize differentiated tuition, it must notify MDHEWD of that decision no later than thirty (30) days before the differentiated tuition is implemented. An institution that is comprised of more than one (1) campus at which the same level of degree is offered must provide such notification to MDHEWD for each campus at which differentiated tuition is to be implemented.

(C) When charging differentiated tuition, an institution must discontinue charging course fees for courses taken towards the degree program for which the institution is charging differentiated tuition. Institutions may continue charging course fees for electives. Course fees can be charged until differentiated tuition is implemented and an institution may collect any course fees that were charged prior to implementation of differentiated tuition.

History

• AUTHORITY: section 173.1000, RSMo 2016, and section 173.1003, RSMo Supp. 2021. Original rule filed April 30, 2019, effective Oct. 30, 2019. Amended: Filed Sept. 24, 2021, effective March 30, 2022. Original authority: 173.1000, RSMo 2007, and 173.1003, RSMo 2007, amended 2018, 2021.

Division 20 State Library

Chapter 2 State Publications Depository Library System

6 CSR 20-2.010 Types of Depository Libraries {#sec-6-csr-20-2.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 20-2.010}

(Rescinded November 30, 1995)

Filed March 29, 1995, effective Nov. 30, 1995.

History

• AUTHORITY: sections 181.021 and 181.130, RSMo 1986. Original rule filed Aug. 15, 1977, effective Nov. 11, 1977. Rescinded:

6 CSR 20-2.020 Standards for Depository Libraries {#sec-6-csr-20-2.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 20-2.020}

(Rescinded November 30, 1995)

Filed March 29, 1995, effective Nov. 30, 1995.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 181.021 and 181.130, RSMo 1986. Original rule filed Aug. 15, 1977, effective Nov. 11, 1977. Rescinded:

Chapter 3 Library Networks

6 CSR 20-3.010 Definition, Standards, Criteria and Policies {#sec-6-csr-20-3.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 20-3.010}

(Rescinded November 30, 1995)

Rescinded: Filed March 29, 1995, effective Nov. 30, 1995.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 173.005, 181.021 and 182.812, RSMo 1986. Original rule filed March 13, 1985, effective July 1, 1985.

Chapter 4 Federal Grant Program

6 CSR 20-4.010 Federal Grants for Library Services {#sec-6-csr-20-4.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 20-4.010}

(Rescinded November 30, 1995)

rule filed June 19, 1992, effective Feb. 26, 1993. Rescinded: Filed March 29, 1995, effective Nov. 30, 1995.

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 173.005, RSMo 1986 and 181.021, RSMo Supp. 1991. Original

Division 25 Central Missouri State University

Chapter 1 Organization and Description

6 CSR 25-1.010 General Organization {#sec-6-csr-25-1.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-1.010}

(Rescinded June 30, 2023)

History

• AUTHORITY: sections 174.010–174.120, RSMo 1986 and section 6 of the Omnibus State Reorganization Act of 1974. Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Dec. 2, 2022, effective June 30, 2023.

Chapter 2 Meetings of the Board of Regents

6 CSR 25-2.010 Attendance at Meetings of the Board of Regents {#sec-6-csr-25-2.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-2.010}

(Rescinded June 1, 1987)

1975. Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 174.100, RSMo 1969 and sections 610.010 to 610.025, RSMo Supp.

Chapter 3 University Purchases

6 CSR 25-3.010 University Purchases {#sec-6-csr-25-3.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-3.010}

(Rescinded June 1, 1987)

MATTBLUNT(9/30/01)

History

• AUTHORITY: sections 34.010 to 34.160, RSMo 1969. Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987.

Chapter 4 Use of University Property

6 CSR 25-4.010 Use of University Facilities by Noncampus Groups Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.010}

6 CSR 25-4.020 Use of University Facilities for Political Purposes Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.020}

6 CSR 25-4.030 Salesmen and Solicitors Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.030}

6 CSR 25-4.040 Smoking in University Buildings Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.040}

6 CSR 25-4.050 Speakers Brought to the Campus Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.050}

6 CSR 25-4.060 Use of Public Address Systems on Campus Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.060 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.060}

6 CSR 25-4.070 Display of Posters in Campus Buildings Jan. 13, 1978. Rescinded: Filed Feb. 25, {#sec-6-csr-25-4.070 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.070}

6 CSR 25-4.080 Parades Jan. 13, 1978. Rescinded: Filed Feb. 25, MATTBLUNT(9/30/01) {#sec-6-csr-25-4.080 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-4.080}

Chapter 5 Housing

6 CSR 25-5.010 Visitors in Men’s and Women’s Residences {#sec-6-csr-25-5.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-5.010}

(Rescinded June 1, 1987)

Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987.

History

• AUTHORITY: section 174.120, RSMo 1969.

6 CSR 25-5.020 Approved Off-campus Housing Requirements {#sec-6-csr-25-5.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-5.020}

(Rescinded June 1, 1987)

Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 174.120, RSMo 1969.

Chapter 6 Employment

6 CSR 25-6.010 Employment {#sec-6-csr-25-6.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-6.010}

(Rescinded June 1, 1987)

Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 174.120, RSMo 1969.

Chapter 7 Admissions and Out-of-State Fees

6 CSR 25-7.010 High School Graduate Applicants {#sec-6-csr-25-7.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.010}

6 CSR 25-7.020 Transfers from Other Colleges {#sec-6-csr-25-7.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.020}

6 CSR 25-7.030 Junior College Graduates {#sec-6-csr-25-7.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.030}

6 CSR 25-7.040 Servicemen’s Opportunity College {#sec-6-csr-25-7.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.040}

6 CSR 25-7.050 International Students effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987. {#sec-6-csr-25-7.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.050}

6 CSR 25-7.060 Readmission of Previously Enrolled Students effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987. {#sec-6-csr-25-7.060 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.060}

6 CSR 25-7.070 Special Students {#sec-6-csr-25-7.070 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.070}

6 CSR 25-7.080 Enrollment and Payment of Fees MATTBLUNT(9/30/01) {#sec-6-csr-25-7.080 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-7.080}

Chapter 8 Student Classification for Fee Purposes

6 CSR 25-8.010 Classification of Students for Fee Purposes {#sec-6-csr-25-8.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 25-8.010}

(Rescinded June 1, 1987)

Original rule filed Aug. 4, 1977, effective Jan. 13, 1978. Rescinded: Filed Feb. 25, 1987, effective June 1, 1987.

MATTBLUNT(9/30/01)

History

• AUTHORITY: section 174.130, RSMo 1969.

Division 250 University of Missouri

Chapter 1 Organization and Description

6 CSR 250-1.020 Agricultural Experiment Station— AND WORKFORCE DEVELOPMENT DIVISION 250—UNIVERSITY OF MISSOURI WORKFORCE DEVELOPMENT {#sec-6-csr-250-1.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-1.020}

6 CSR 250-1.010 General Organization {#sec-6-csr-250-1.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-1.010}

(Rescinded June 30, 2023)

History

• AUTHORITY: section 172.100, RSMo 1986. Original rule filed April 19, 1977, effective Sept. 11, 1977. Amended: Filed Aug. 15, 1985, effective Jan. 1, 1986. Rescinded: Dec. 2, 2022, effective June 30, 2023.

6 CSR 250-1.020 Agricultural Experiment Station—General Organization {#sec-6-csr-250-1.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-1.020}

(Rescinded June 30, 2023)

1997. This rule was previously filed as 2 CSR 15-1.010. Original rule filed Oct. 13, 1976, effective Jan. 13, 1977. Amended: Filed Aug. 15, 1985, effective Jan. 1, 1986. Amended: Filed Nov. 12, 1998, effective May 30, 1999. Rescinded: Filed Dec. 2, 2022, effective June 30, 2023.

History

• AUTHORITY: sections 266.341, 266.545 and 536.023, RSMo Supp.

Chapter 2 Bylaws of the Board of Curators

6 CSR 250-2.010 Definitions {#sec-6-csr-250-2.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-2.010}

(Rescinded June 30, 2023) 19, 1977, effective Sept. 11, 1977. Rescinded: Filed Dec. 2, 2022, effective June 30, 2023.

6 CSR 250-2.020 Meetings of the Board of Curators {#sec-6-csr-250-2.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-2.020}

(Rescinded June 30, 2023) 19, 1977, effective Sept. 11, 1977. Rescinded: Filed Dec. 2, 2022, effective June 30, 2023.

6 CSR 250-2.030 Officers of the Board of Curators {#sec-6-csr-250-2.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-2.030}

6 CSR 250-2.040 Committees of the Board of Curators {#sec-6-csr-250-2.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-2.040}

6 CSR 250-2.050 The President of the University {#sec-6-csr-250-2.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-2.050}

Chapter 3 Policies of the Board of Curators

6 CSR 250-3.010 Attendance at Meetings of the Board of Curators AND WORKFORCE DEVELOPMENT DIVISION 250—UNIVERSITY OF MISSOURI WORKFORCE DEVELOPMENT {#sec-6-csr-250-3.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-3.010}

6 CSR 250-3.010 Attendance at Meetings of the Board of Curators {#sec-6-csr-250-3.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-3.010}

(Rescinded September 30, 2023)

History

• AUTHORITY: section 172.100, RSMo 1986. Original rule filed April 19, 1977, effective Sept. 11, 1977. Rescinded: Filed March 10, 2023, effective Sept. 30, 2023.

6 CSR 250-3.020 Preference for Missouri Products {#sec-6-csr-250-3.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-3.020}

(Rescinded September 30, 2023)

History

• AUTHORITY: section 172.100, RSMo 1986. Original rule filed April 19, 1977, effective Sept. 11, 1977. Rescinded: Filed March 10, 2023, effective Sept. 30, 2023.

Chapter 4 Use of University Property

6 CSR 250-4.030 Sales, Solicitations, Collections and Advertising AND WORKFORCE DEVELOPMENT DIVISION 250—UNIVERSITY OF MISSOURI WORKFORCE DEVELOPMENT {#sec-6-csr-250-4.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-4.030}

6 CSR 250-4.010 General Regulations {#sec-6-csr-250-4.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-4.010}

6 CSR 250-4.020 Use by Nonstudent Groups {#sec-6-csr-250-4.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-4.020}

6 CSR 250-4.030 Sales, Solicitations, Collections and Advertising {#sec-6-csr-250-4.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-4.030}

6 CSR 250-4.040 Use of Sound Amplification Devices {#sec-6-csr-250-4.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-4.040}

PURPOSE: The purpose of this rule is to set forth the policy of the University of Missouri with regard to the use of sound amplification devices on the property of the university. This

rule may be found at section 4.0319 of the Collected Rules and Regulations of the University of Missouri.

(1) Sound amplification devices as used in this regulation means any electrically operated or assisted device for the ampliation of sound including, but not limited to, public address systems, bullhorns, music or voice amplifiers, megaphones or any combination.

(2) The indiscriminate and nonregulated use of sound amplification devices in the buildings and on the campuses and grounds of the University of Missouri is detrimental to and seriously disrupts and impedes the university in accomplishing and carrying out its functions, missions and obligations as an educational institution.

(3) The use of sound amplification devices in buildings, on the campus or any site of the university, whether owned by the university or under its control, except as provided in 6 CSR 250- 4.040(4) is prohibited unless a permit for the use of the same is first obtained from the chancellor of the campus on which the use is proposed or the designated representative.

(4) This regulation shall not be deemed to limit the use of sound amplification devices as a part of and in furtherance of university sponsored and scheduled activities or by university officials, faculty and employees in performance of their duties.

(5) Permits issued pursuant to this regulation shall specifically specify the time, duration, location and manner for which the proposed use of a sound amplification device is authorized.

Any use which deviates from the permit as to time, duration, location and manner shall cause the revocation by the university of the permit.

(6) A permit for the use of a sound amplification device may be granted— (A) When the time, location, manner and extent of amplification will not unreasonably interfere with, detract from or distract the students, faculty, employees and guests of the university from their university—scheduled academic, research or business activities;

(B) When the time, location, manner and extent of amplification will not unreasonably interfere with, distract or otherwise cause unreasonable congestion of students, faculty, employees and guests of the university in going to and from university—scheduled academic activities or business affairs; and (C) When the time, location, manner and extent of amplification will not unreasonably interfere with, distract from or hamper the university, its faculty and staff from fulfilling its obligations and missions by providing an educational institution for the benefit and enhancement of all students in attendance.

(7) Any use of a sound amplification device without a permit will result in disciplinary action being taken against the user, including the confiscation of such equipment or devices.

History

• AUTHORITY: section 172.100, RSMo 1986. Original rule filed April 19, 1977, effective Sept. 11, 1977. Original authority: 172.100, RSMo 1939.

Chapter 5 Employment

6 CSR 250-5.010 Nepotism {#sec-6-csr-250-5.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-5.010}

(Rescinded September 30, 2023)

History

• AUTHORITY: section 172.100, RSMo 1986. Original rule filed April 19, 1977, effective Sept. 11, 1977. Rescinded: Filed March 10, 2023, effective Sept. 30, 2023.

6 CSR 250-5.020 Watchmen’s Commissions {#sec-6-csr-250-5.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-5.020}

(Rescinded September 30, 2023)

History

• AUTHORITY: section 172.100, RSMo 1986. Original rule filed April 19, 1977, effective Sept. 11, 1977. Rescinded: Filed March 10, 2023, effective Sept. 30, 2023.

Chapter 6 Tuition and Residence

6 CSR 250-6.020 Residence of Unmarried Minor Students {#sec-6-csr-250-6.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-6.020}

6 CSR 250-6.030 Residence of Adult or Emancipated Students AND WORKFORCE DEVELOPMENT DIVISION 250—UNIVERSITY OF MISSOURI WORKFORCE DEVELOPMENT {#sec-6-csr-250-6.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-6.030}

6 CSR 250-6.010 Tuition {#sec-6-csr-250-6.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-6.010}

6 CSR 250-6.020 Residence of Unmarried Minor Students {#sec-6-csr-250-6.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-6.020}

6 CSR 250-6.030 Residence of Adult or Emancipated Students {#sec-6-csr-250-6.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-6.030}

6 CSR 250-6.040 General Rules {#sec-6-csr-250-6.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-6.040}

Chapter 7 Financial Administration of the State Cancer Center

6 CSR 250-7.010 Definitions Relating to the Financial Administration of the State {#sec-6-csr-250-7.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.010}

6 CSR 250-7.020 Utilization of Payments by Third-Party Sources and Responsible Parties for Care Rendered by the State Cancer Center {#sec-6-csr-250-7.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.020}

(Rescinded October 30, 2023) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

6 CSR 250-7.030 Standard Means Test for Missouri Residents Who Are Patients of the {#sec-6-csr-250-7.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.030}

6 CSR 250-7.040 Patients for Whom the Standard Means Test is Unavailable {#sec-6-csr-250-7.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.040}

(Rescinded October 30, 2023) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 AND WORKFORCE DEVELOPMENT DIVISION 250—UNIVERSITY OF MISSOURI WORKFORCE DEVELOPMENT Cancer Center

6 CSR 250-7.010 Definitions Relating to the Financial Administration of the State Cancer Center {#sec-6-csr-250-7.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.010}

rule was previously filed as 19 CSR 80-1.010. Original rule filed May 15, 1990, effective Sept. 28, 1990. Rescinded: Filed May 12, 2023, effective Oct. 30, 2023.

History

• AUTHORITY: sections 192.005.2. and 200.030, RSMo 1986. This

6 CSR 250-7.020 Utilization of Payments by Third-Party Sources and Responsible Parties for Care Rendered by the State Cancer Center {#sec-6-csr-250-7.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.020}

rule was previously filed as 19 CSR 80-1.020. Original rule filed May 15, 1990, effective Sept. 28, 1990. Rescinded: Filed May 12, 2023, effective Oct. 30, 2023.

History

• AUTHORITY: sections 192.005.2. and 200.030, RSMo 1986. This

6 CSR 250-7.030 Standard Means Test for Missouri Residents Who Are Patients of the State Cancer Center {#sec-6-csr-250-7.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.030}

rule filed May 15, 1990, effective Sept. 28, 1990. Rescinded: Filed May 12, 2023, effective Oct. 30, 2023.

History

• AUTHORITY: sections 192.005.2., 200.030, and 200.101, RSMo 1986. This rule was previously filed as 19 CSR 80-1.030. Original

6 CSR 250-7.040 Patients for Whom the Standard Means Test Is Unavailable {#sec-6-csr-250-7.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-7.040}

Rescinded: Filed May 12, 2023, effective Oct. 30, 2023.

History

• AUTHORITY: sections 192.005.2., 200.030, and 200.101, RSMo 1986. Original rule filed May 15, 1990, effective Sept. 28, 1990.

Chapter 10 Administration of Missouri Agricultural Liming Materials Act

6 CSR 250-10.010 Adoption of Basic Sampling Procedures {#sec-6-csr-250-10.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-10.010}

PURPOSE: This rule establishes the Association of American Plant Food Control Officials Inspector’s Manual, Third Edition, 1977, as a rule for required procedures by which representative samples of agricultural liming materials may be obtained.

Editor’s Note: The secretary of state has determined that publication of this rule in its entirely would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state and is summarized here by the agency adopting it. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) The Association of American Plant Food Control Officials Inspector’s Manual has been developed on a national basis as a training guide for the proper performance of the duties and responsibilities delegated to fertilizer inspectors. Procedures for obtaining representative samples of bulk fertilizer are described in this manual as a guide to the inspector. The procedures described are also appropriate and thereby adopted for the obtaining of representative sample of agricultural liming materials. The current edition of the Inspector’s Manual is the Third Edition, 1977. As new editions are published they will replace the older editions in this rule and this

rule will be amended accordingly. Other sources such as Association of Official analytical Chemists (AOAC) Official Methods of Analysis, ASTM Manuals and other accredited sources will also be used as references.

This rule was previously filed as 2 CSR 15- 2.010. Original rule filed Oct. 13, 1976, effective Jan. 13, 1877. Amended: Filed Aug. 15, 1985, effective Jan. 1, 1986.

History

• AUTHORITY: section 256.545, RSMo 1986.

6 CSR 250-10.020 Agricultural Liming Materials Standards {#sec-6-csr-250-10.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-10.020}

PURPOSE: The purpose of this rule is to set forth standards and guidelines as are necessary to provide for the efficient enforcement of the provisions of the Missouri Agricultural Liming Materials Act.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state and is summarized here by the agency adopting it. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Agricultural liming materials and agricultural liming materials mixtures. as defined in paragraphs (1)–(4) of section 266.505, RSMo (1986), by virtue of their physical and chemical characteristics, in part, must be treated separately under the Missouri Agricultural Liming Materials Law. Each delivery shall be guaranteed as to the effective neutralizing material and the effective magnesium, as derived by 6 CSR 250-10.020(3)–(5).

(2) All dry agricultural liming materials offered for sale shall have a minimum calcium carbonate equivalent of sixty-five percent (65%) and shall meet the minimum specifications for fineness as set forth in section 266.505(1), RSMo (1986). A permit to sell, and certification of effective neutralizing material and certification of effective magnesium, may be withdrawn for materials which fail to meet minimum specifications of this

section.

(3) The pounds of effective neutralizing material (ENM) in one (1) ton of agricultural liming material shall be based on the calcium carbonate equivalent (CCE) of the agricultural liming materials as delivered for sale and the fineness factor calculated from the percent of materials passing a United States standard sieve size number eight (8) and remaining on a United States standard sieve size number forty (40), the percent of materials passing a United States standard sieve size number forty (40) and remaining on a United States standard sieve size number sixty (60) and the percent of materials passing a United States standards sieve sixty (60). The final result of calculations shall be rounded to the nearest whole number, which will be the pounds of effective neutralizing material per ton.

United States StandardEfficiency Sieve Size No. RangesPercentages % Remaining on 80% % Passing 8 and Remaining on 4025 % Passing 40 and Remaining on 6060 % Passing 60100 The fineness factor is calculated to allow for variations in fineness of materials using the following formula:

Fineness Factor= (% of materials passing United States No. 8 and remaining on 40 × 0.25) + (% of materials passing United States No. 40 and remaining on 60 × 6.060) + (% of materials passing United States No. 60 × 1.00)

Calculations to allow for variations in calcium carbonate equivalent and fineness shall be made by using the following formula:

ENM = % CCE × Fineness Factor × 800 100 100 (4) The pounds of effective magnesium (E.Mg.) in one (1) ton of agricultural liming material which meets the specifications of 6 CSR 250-10.020(2) shall be based on the magnesium content of the agricultural liming materials delivered for sale and the fineness factor as determined in 6 CSR 250- 10.020(3). Calculations to allow for variations in magnesium content and fineness shall be made using the following formula:

E.Mg. = % M.g. × Fineness Factor × 2000 100 100 The final result of calculations shall be rounded to the nearest whole number, which will be the pounds of effective magnesium per ton.

(5) The pounds per ton of ENM and the pounds per ton of E.Mg. for agricultural liming materials mixtures shall be based on the calcium carbonate equivalent and the magnesium content of the agricultural liming material mixture as delivered for sale and on the fineness factor of the dry agricultural liming material used in the mixture as determined in 6 CSR 250-10.020(3) and (4).

(6) All samples of agricultural liming materials taken for analyses shall be taken in accordance with the following methods and procedures:

(A) Production or Transfer Belt Sampling.

With a stream sample, follow the basic procedures outlined in 6 CSR 250-10.010(1) but extend the time between passes to at least thirty (30) seconds. This procedure may be used at any point where agricultural lime is being produced or transferred by belt. The opening of the stream sample may be closed to about three quarters inch (3/4") if the opening is the same width over its entire length to avoid excessively large samples;

(1/30/20) JOHN R. ASHCROFT

AND WORKFORCE DEVELOPMENT

(B) Freshly Built and Active Stockpile Sampling. When material is being regularly; added to or withdrawn from a stockpile of agricultural liming materials, samples should be taken with the “D” tube device. If probing by means of the “D” tube is not possible, follow instructions of 6 CSR 250.10.020(6)(D).

In all probe sampling, distribute sampling locations uniformly on the surface of the areas to be represented;

(C) Truck Sampling. Trucks may be sampled with the stream sample during loading or with the “D” tube after loading following precisely the instructions for sampling bulk fertilizer in 6 CSR 250-10.010(1). Generally, trucks should be sampled only to represent a load ready for delivery to a known final purchaser and trucks merely hauling material to a stockpile should not normally be sampled since truck samples may not be used in determining either the production point or stockpile certification;

(D) Crusted and Temporarily Inactive Stockpile Sampling (Which Cannot be Probed).

1. Several tons (or several truckloads if possible) should be pulled down from the working face of the load-out area. The “D” tube should then be used to draw ten (10) cores representatively distributed over the loosened material. Each subsequent official sample must be from newly pulled down materials.

2. If it is not possible or feasible to pull down materials, a straight narrow bladed spade (sharpshooter) should be used.

A. Stockpiles of over one thousand (1000) tons. The stockpile should be oriented with regard to compass direction so that it may be divided into four (4) identifiable pieshaped quadrants. Only one (1) quadrant should be sampled at a time, sampling the side that will be used for loading-out first, if possible, with sampling points located over entire area approximately as indicated.

Clear away crusted material with the sharpshooter until a full spade depth of loose, uncaked material can be removed. One (1) or (2) full spades should then be removed.

Then cut a smooth face at a sufficient angle from vertical so that a one inch (1") slice of agricultural lime may be removed intact in the spade. Everything except a one inch by the inch (1" × 1") section from the top to the bottom of the space should be removed. (The top opening of a stream sample turned upside down may be used to cover this central section while the excess at each side is removed.) This one inch by one inch (1" × 1") central core should then be put in plastic bag. This procedure should be repeated for each sampling point until ten (10) cores are composited to make up an official sample.

After the crust is removed, it may be possible to probe some of the sampling locations. A combination of ten (10) “D” tube cores and spade cores may be composited together to make up the official sample.

B. Stockpiles of one thousand (1000) tons or less may be sampled as in 6 CSR 250- 10.020(6)(D)2.A., except that sampling location should be uniformly distributed over the entire surface of the pile.

3. Only one (1) sample may be taken from a stockpile on any single day. If a stockpile remains inactive for several weeks, all quadrants might be sampled in this manner, however, probe sampling should be used in the area of activity at any time a stockpile is being used or rebuilt; and (E) Sampling Fluid Lime Suspensions.

4. Fluid lime suspensions should be sampled, whenever possible, immediately after mixing as the product is being loaded from the mixing vat to the delivery vehicle. The sample should be caught from the delivery line at the delivery vehicle after at least one hundred (100) gallons have been loaded and while a substantial quantity remains tobe loaded. Use a wide mouth polyethylene sampling bottle of at least one (1) pint capacity. It may be necessary to reduce product flow momentarily during sampling.

5. If this sampling procedure is not possible, fluid lime may be sampled from the mixing vat, delivery vehicle or storage after thorough agitation, with a heavily weighted fluid fertilizer sampling bottle following procedures for sampling fluid fertilizer suspensions described in the Associations of American Plant Food Control Officials Inspector’s Manual cited in 6 CSR 250-10.010.

This rule was previously filed as 2 CSR 15- 2.020. Original rule filed Oct. 13, 1976, effective Jan. 13, 1977. Amended: Filed Dec. 15, 1982, effective March 14, 1983. Amended: Filed Aug. 15, 1985, effective Jan. 1, 1986.

History

• AUTHORITY: section 256.545, RSMo 1986.

6 CSR 250-10.030 Inspection Fee {#sec-6-csr-250-10.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-10.030}

PURPOSE: This rule set forth the inspection fee.

The fee provided by section 266.520, RSMo to be prescribed by rule shall be eight cents (8¢) per ton, two thousand (2,000) pounds of agricultural limestone, agricultural liming materials, and other agricultural liming materials and other agricultural liming materials as defined in paragraphs (1)–(3) of section 266.505, RSMo sold for use in Missouri.

History

• AUTHORITY: section 266.520, RSMo 2016. Original rule filed Aug. 15, 1985, effective Jan. 1, 1986. Amended: Filed Aug. 8, 2019, effective Feb. 29, 2020. Original authority: 266.520, RSMo 1976, amended 1985.

6 CSR 250-10.040 Annual Permit Fee {#sec-6-csr-250-10.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-10.040}

PURPOSE: This rule establishes an annual fee for the permit to sell agricultural liming materials in the state.

(1) The director will cause to be mailed each year on or about the fifteenth of April a renewal application form to all distributors or producers currently selling agricultural liming materials in the state to renew their permits required by section 266.515, RSMo for the coming year. The completed application shall be returned to the director by June 1, accompanied by a permit fee of one hundred U.S. dollars ($100). New applications shall also be accompanied by a permit fee of one hundred U.S. dollars ($100). Permit fees collected will be used to defray administrative costs of distributor/producer registration, with any permit fees collected in excess of administrative costs to be used to support related research proposals.

History

• AUTHORITY: sections 266.500–266.550, RSMo 1994 and Supp. 1997. Original rule filed Nov. 12, 1998, effective May 30, 1999. Original authority: Please see the Missouri Revised Statutes 1994 and Supplement 1998.

6 CSR 250-10.050 Collection Fee for Delinquent Filing of Certification of Sales {#sec-6-csr-250-10.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-10.050}

PURPOSE: This rule establishes a collection fee on distributors or producers who do not file a certificate of sales form within thirty days after each six-month period.

(1) If the certificate of sales form described in

section 266.520, RSMo is not filed and the payment of inspection fees is not made within thirty (30) days after the end of the specified filing period, a collection fee amounting to ten percent (10%) of the amount due or fifty U.S. dollars ($50), whichever is greater, shall be assessed against the distributor or producer and added to the amount due.

History

• AUTHORITY: sections 266.500–266.550, RSMo 1994 and Supp. 1997. Original rule filed Nov. 12, 1998, effective May 30, 1999. Original authority: Please see the Missouri Revised Statutes 1994 and Supplement 1998.

Chapter 11 Administration of Missouri Fertilizer Law

6 CSR 250-11.010 Deficiency Penalties {#sec-6-csr-250-11.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.010}

PURPOSE: This rule delineates procedures to be followed in the assessment of penalties and in the disposition of deficient fertilizers.

(1) The market value of fertilizer and fertilizer materials shall be expressed as a dollar value per unit and/or per pound of each primary plant nutrient for the purpose of determining the amount of penalty due when the official analysis shows an excessive deficiency from the guaranteed analysis and these established values shall be reviewed and distributed at least annually. In event the actual retail price is substantially higher than the value as calculated at the established rates, the penalty shall be based on the retail price.

(2) Penalties shall be assessed on the quantity of fertilizer on hand when the sample is taken. Any lot subject to penalty may be required to be returned to the manufacturer and all costs involved in the return of this fertilizer found subject to penalty shall be deemed misbranded and subject to an order to stop sale.

History

• AUTHORITY: section 266.341.2, RSMo 1986. This rule was previously filed as 2 CSR 15–3.010. Original rule filed Oct. 13, 1976, effective Jan. 13, 1977. Original authority: 266.341, RSMo 1953, amended 1959.

6 CSR 250-11.020 Inspection Fee {#sec-6-csr-250-11.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.020}

(Rescinded January 1, 1986)

History

• AUTHORITY: section 266.341(2), RSMo 1978. Original rule filed Oct. 13, 1976, effective Jan. 13, 1977. Rescinded: Filed Aug. 15, 1985, effective Jan. 1, 1986.

6 CSR 250-11.030 Labeling Additional Plant Nutrients {#sec-6-csr-250-11.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.030}

PURPOSE: This rule prescribes the labeling format for plant nutrients other than nitrogen, phosphorous and potassium.

(1) Essential plant nutrients in addition to nitrogen, phosphorus and potassium, when mentioned in any form or manner shall be guaranteed.

(A) Guarantees shall be made on the elemental basis.

(B) Sources of elements guaranteed and proof of availability shall be provided to the director of the Missouri Agricultural Experiment Station on request.

(C) The minimum percentages which may be claimed are as follows:

Calcium (Ca) 1.00;

Magnesium (Mg) .50;

Sulfur (S) 1.00;

Boron (B) .02;

Chlorine (Cl) .10;

Cobalt (Co) .0005;

Copper (Cu) .05;

Iron (Fe) .10;

Manganese (Mn) .05;

Molybdenum (Mo) .0005 Sodium (Na) .10 and Zinc (Zn) .05.

(2) Guarantees or claims for the nutrients listed in 6 CSR 250-11.030(1)(C) are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished the director of the Missouri Agricultural Experiment Station upon request.

Any of the previously listed elements which are guaranteed shall appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorus and potassium.

Filed Aug. 15, 1985, effective Jan. 1, 1986. *Original authority: 266.341, RSMo 1953, amended 1959, 1985.

History

• AUTHORITY: section 266.341.2, RSMo 1986. This rule was previously filed as 2 CSR 15-3.030. Original rule filed Oct. 13, 1976, effective Jan. 13, 1977. Amended:

6 CSR 250-11.040 Inspection Fee {#sec-6-csr-250-11.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.040}

PURPOSE: This rule sets forth the inspection fee.

The fee provided to be established by rule under section 266.331, RSMo, shall be fifty cents (50¢) for each ton, two thousand (2000) pounds, of fertilizer reported. The last registered distributor selling fertilizer for use in Missouri shall be responsible for payment to the director of the fee provided by this rule.

History

• AUTHORITY:sections 266.291–266.351,

6 CSR 250-11.041 Inspection Fee on Manipulated Animal or Vegetable Manure Fertilizers {#sec-6-csr-250-11.041 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.041}

PURPOSE: This rule establishes the inspection fee on manipulated animal or vegetable manure fertilizers sold in the state.

(1) The fee provided to be established by rule under section 266.331, RSMo, for manipulated animal or vegetable manure fertilizers.

Manipulated manure fertilizers shall be guaranteed. The fee is established at two cents (2¢) per ton per percent nitrogen for nitrogen levels less than five percent (5%), or four cents (4¢) per ton per percent nitrogen for nitrogen levels of five percent (5%) but less than ten percent (10%), or six cents (6¢) per ton per percent nitrogen for nitrogen levels of ten percent (10%) or greater.

Original rule filed April 15, 2010, effective Nov. 30, 2010. *Original authority: 266.331, RSMo 1953, amended 1959, 1985, 2009.

History

• AUTHORITY: section 266.331, RSMo Supp. 2009. Emergency rule filed Dec. 22, 2009, effective Jan. 1, 2010, expired June 28, 2010.

6 CSR 250-11.042 Guaranteed Analysis When Tonnage Inspection Fee is Based on Product Constituent {#sec-6-csr-250-11.042 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.042}

PURPOSE: This rule establishes tolerance for under guaranteeing a nutrient when inspection fee is based on specific nutrient content of a fertilizer product.

(1) When the tonnage inspection fee authorized in section 266.331, RSMo, is based on nutrient constituent component(s) contained in the fertilizer, the guaranteed analysis will accurately represent the nutrient content of the product within one hundred fifty percent (150%) value. Value will be determined by chemical analysis and calculated by dividing the found nutrient level by the guaranteed level. Product analysis that are found to exceed one hundred fifty percent (150%) of the guarantee shall be subject to the prescribed inspection fee multiplied by the factor which the product was under guaranteed.

RSMo 2000 and RSMo Supp. 2009.* Original

rule filed April 15, 2010, effective Nov. 30, 2010.

ROBINCARNAHAN(10/31/10)

4CODE OF STATE REGULATIONS

(10/31/10) ROBINCARNAHAN

Statutes, 2000 and Supplement 2009.

6 CSR 250-11.050 Semi-Annual Reporting Procedures {#sec-6-csr-250-11.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.050}

PURPOSE: The purpose of this rule is to establish fertilizer tonnage reporting procedures and clarify responsibility for the inspection fee when more than one distributor is involved.

(1) The semi-annual report required by section 266.331, RSMo, shall supply the information specified by either Option A or Option B as follows:

(A) The amount of fertilizer sold for consumption or use in the state during the period covered; and (B) The amount of fertilizer purchased during the period covered, either for reformulation or for resale.

(2) Option A will be available to all distributors and required for all distributors either located outside of the state or selling fertilizers primarily to dealers for resale. Option B may be used only by distributors located within the state selling fertilizers direct to farmers. All fertilizer purchases by distributors changing from sales to input reporting will be required to submit a beginning inventory record and include this tonnage, with the inspection fee due, in the first semi-annual report.

(3) Each eligible distributor will be required to choose either Option A or Option B and follow it as the exclusive reporting basis until a change to the other option is approved by the director. No change in reporting basis will be approved except at the beginning of a semi-annual reporting period and following a request for change submitted at least thirty (30) days before the end of the then current reporting period.

(4) Under both reporting procedures, sales to other registered distributors are exempt from the inspection fee, but must be reported as a sales transaction fee, but must be reported as a sales transaction monthly. However, under Option B, any credit claimed for sales to distributors will be limited to the amount of fertilizers reported as purchases contained in the products sold.

History

• AUTHORITY:sections 266.290–266.351,

6 CSR 250-11.060 Documentation of Tonnage {#sec-6-csr-250-11.060 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.060}

PURPOSE: The purpose of this rule is to establish the required documentation of fertilizer purchases or sales to be submitted to the director.

(1) The documentation required by section 266.341.2(3), RSMo, shall consist of— (A) For Option A—Invoice copies of sales or summaries or transcripts (for example, computer printouts) of information including the name and address of the purchaser, the guaranteed analysis and the net weight of each shipment;

(B) For Option B—Invoice copies of shipments received or transcripts (for example, computer printouts) of information including invoice number, the name and address of the supplier, the guaranteed analysis and the net weight of each shipment; and (C) These documents must be submitted to the director at least monthly and no later than five (5) days after the end of the month covered.

6 CSR 250-11.070 Annual Permit Fee {#sec-6-csr-250-11.070 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.070}

PURPOSE: This rule establishes an annual fee for the permit to sell commercial fertilizer in the state.

(1) The director will cause to be mailed each year on or about the fifteenth of April a renewal application form to all distributors currently selling fertilizer in the state to renew their permit required by section 266.301, RSMo for the coming year. The completed application for each location from which commercial fertilizers are distributed shall be returned to the director by June 1, accompanied by a permit fee of one hundred U.S. dollars ($100). New applications shall also be accompanied by a permit fee of one hundred U.S. dollars ($100). Permit fees collected will be used to defray administrative costs of distributor registration, with any permit fees collected in excess of administrative costs to be used to support related research proposals.

RSMo 1994 and Supp. 1997.* Original rule filed Nov. 12, 1998, effective May 30, 1999.

Statutes, 1994 and Supplement 1998.

6 CSR 250-11.080 Collection Fee for Delinquent Filing of a Semiannual Report {#sec-6-csr-250-11.080 omnilex-key=us-mo-regs-official--title-6--6 CSR 250-11.080}

PURPOSE: This rule establishes a collection fee on distributors who do not file a semiannual report within thirty days after each sixmonth period.

(1) If the semiannual report described in section 266.331, RSMo is not filed and the payment of inspection fees is not made within thirty (30) days after the end of the specified filing period, a collection fee amounting to ten percent (10%) of the amount due or fifty U.S. dollars ($50), whichever is greater, shall be assessed against the distributor and added to the amount due.

RSMo 1994 and Supp. 1997.* Original rule Filed Nov. 12, 1998, effective May 30, 1999.

Statutes, 1994 and Supplement 1998.

Division 255 Fertilizer Control Board

Chapter 1 Organization and Description

6 CSR 255-1.010 General Organization {#sec-6-csr-255-1.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 255-1.010}

PURPOSE: The purpose of this rule is to comply with section 536.023, RSMo which requires each agency to adopt, as a rule, a description of its operation and the methods whereby the public may obtain information or make submissions or requests.

(1) The Fertilizer Control Board was created by Senate Bill 655, Second Regular Session, 98th General Assembly, 2016. All fertilizer fees collected by the Director of the Agricultural Experiment Station (a unit of the University of Missouri) shall be utilized by the board. Board membership is determined by the by-laws of the board. The board shall— (A) Determine the method and amount of fees to be assessed;

(B) Adopt, amend, promulgate, or repeal rules and regulations to administer, implement, and enforce the Missouri Fertilizer Law;

(C) Exercise general supervision of the administration and enforcement of the Missouri Fertilizer Law;

(D) Provide systems of registry, field inspections, laboratory analysis, penalty and enforcement procedures, and publications of results necessary to assure the quality of fertilizers offered for sale in this state;

(E) Pursue research, educational, and outreach programs; and (F) Retain, employ, provide for, and compensate such consultants, assistants, and other employees on a full- or part-time basis and contract for goods and services as may be necessary.

(2) For information concerning the Fertilizer Control Board and administration of the Missouri Fertilizer Law, the public may visit, or write to, 428 E. Capitol Street, Suite 303, Jefferson City, MO 65102 or call (573) 636- 6131.

JOHNR. ASHCROFT(10/31/17)

History

• AUTHORITY: sections 266.331 and 266.336, RSMo 2016. Emergency rule filed May 24, 2017, effective June 3, 2017, expired Nov. 29, 2017. Original rule filed May 24, 2017, effective Nov. 30, 2017. Original authority: 266.331, RSMo 1953, amended 1959, 1985, 2009, 2016 and 266.336, RSMo 1985, amended 2016.

Chapter 10 Administration of Missouri Fertilizer Law

6 CSR 255-10.010 Tonnage Fee {#sec-6-csr-255-10.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 255-10.010}

PURPOSE: This rule sets forth the tonnage fee to be paid by fertilizer distributors.

(1) The fee provided to be established by this

rule under section 266.331, RSMo, shall be sixty cents (60¢) for each ton of fertilizer reported with a minimum reporting fee of fifty dollars ($50) per reporting period. The last registered distributor selling fertilizer for use in Missouri shall be responsible for payment to the director of the fee provided by this rule.

History

• AUTHORITY: sections 266.331 and 266.336, RSMo 2016. Emergency rule filed May 24, 2017, effective June 3, 2017, expired Nov. 29, 2017. Original rule filed May 24, 2017, effective Nov. 30, 2017. Original authority: 266.331, RSMo 1953, amended 1959, 1985, 2009, 2016 and 266.336, RSMo 1985, amended 2016.

6 CSR 255-10.020 Permit Fee {#sec-6-csr-255-10.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 255-10.020}

PURPOSE: This rule sets forth the permit fee to be paid by fertilizer distributors.

(1) New applications for permits as well as renewal applications shall be accompanied by the annual permit fee of one hundred dollars ($100). The director shall collect fees and hold all fees in a separate fund that shall be utilized by the Fertilizer Control Board.

JOHNR. ASHCROFT(10/31/17)

History

• AUTHORITY: sections 266.331 and 266.336, RSMo 2016. Emergency rule filed May 24, 2017, effective June 3, 2017, expired Nov. 29, 2017. Original rule filed May 24, 2017, effective Nov. 30, 2017. Original authority: 266.331, RSMo 1953, amended 1959, 1985, 2009, 2016 and 266.336, RSMo 1985, amended 2016.

Division 300 Office of Workforce Development

Chapter 1 General Organization

6 CSR 300-1.010 General Organization {#sec-6-csr-300-1.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 300-1.010}

PURPOSE: This rule describes the general organization and functions of the Office of Workforce Development and how the public may obtain information or make submissions to or requests from the division.

(1) The Office of Workforce Development operates under the control of the Department of Higher Education and Workforce Development. The division develops job training plans and administers job training programs implemented at both state and local levels. Division activities include: administration; planning; research; program development; and fiscal and program monitoring.

(2) Administration. The director is responsible for the administration of the division with the assistance of the deputy director and the manager of administrative services. The deputy director assists the director in the administration of the office of the Office of Workforce Development and has such duties as the director may require. The manager of administrative services is charged with the responsibility for fiscal policies and procedures as well as accounting functions of the division. The chief clerk is responsible for all permanent records in the office, the division files, all related correspondence, and all records of the official documents published by the division.

(3) Planning. The division’s planning staff provides planning assistance to the State Job Training Council in the preparation of the governor’s state job training plan. Policies, procedures, guidelines and funding allocation formulas are developed and provided to local planning units to assist in their development of local job training plans. Division planning staff members review local job training plans.

Division planning staff members review local job training plans for compliance with federal and state regulations. The planning staff also assists and advises the director in the need for coordination planning with other state and local agencies.

(4) Research. Division research staff members are responsible for gathering, analyzing and reporting statistical data related to job training. The staff accesses various agency databases to develop state and local profiles of labor markets, occupational growth trends, participation in job training activities and employment patterns. Reports of findings are provided to state and local job training administrators. Performance measures are developed and provided to local planning and research units to assist in their evaluation of local job training program performance.

Special research studies are conducted to assist and advise the director and the State Job Training Council of the effectiveness of the governor’s state job training plan.

(5) Program Development. The division’s program development staff advises the director of the need for new or expanded job training programs. Policies, procedure, guidelines and on-site technical assistance are provided by staff members to local job training administrators and their respective staffs. Special programs are developed and implemented from the state level for targeted job training to assist with new or expanding industries at selected geographical locations. The program development staff also prepares grant proposals for new program initiatives designated for discretionary federal funding.

(6) Fiscal Monitoring. The division fiscal staff has the responsibility of examining the financial procedures, conditions and records of local job training administrators.

Monitoring is provided to evaluate compliance with federal and state financial regulations. Written reports of findings are provided to the division director and job training local administrators. These findings require that corrective action plans be submitted to the division for any identified areas of noncompliance. The fiscal staff also provides local job training administrators with technical assistance in fiscal control matters.

(7) Program Monitoring. The division’s program monitoring staff conduct regularly scheduled on-site monitoring of local job training programs. Monitoring consists of staff and program participant interviews and reviews of program records. The staff uses standardized monitoring instruments to evaluate compliance with federal and state program regulations. Monitoring specifically examines program participants eligibility, participation in training activities and disposition. Program operations are also evaluated.

Written reports of findings are provided to the division director and local job training administrators. These findings require that corrective action plans be submitted to the division for any identified areas of noncompliance. The program monitoring staff also provides technical assistance to local job training administrators in program compliance matters.

(8) Public Access to the Office of Workforce Development.

(A) General. Any complaint, request, inquiry, submission, or other communication not specified otherwise in this section, should be addressed in writing to Office of Workforce Development, 301 W. High Street, Jefferson City, MO 65101.

(B) Grievances. A formal grievance procedure is established for grievances or complaints about programs and activities from participants, program administrators, subcontractors and other interested persons.

Information concerning this procedure may be requested from the division.

Original rule filed May 4, 1987, effective July 23, 1987. Amended: Filed Sept. 28, 2018, effective May 30, 2019. Moved to 6 CSR 300-1.010, effective Aug. 28, 2019. Nonsubstantive change filed July 13, 2020, published Aug. 31, 2020. *Original authority: 620.010(19), RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995, 1999, 2001, 2007, 2008, 2010, 2014, 2019.

History

• AUTHORITY: section 620.010(19), RSMo Supp. 2019, P.L. 97-300 and 20 CFR 627.1. This rule originally filed as 4 CSR 195-1.010.

Chapter 6 Show Me Heroes

6 CSR 300-6.010 Purpose; Definitions {#sec-6-csr-300-6.010 omnilex-key=us-mo-regs-official--title-6--6 CSR 300-6.010}

PURPOSE: The Department of Higher Education and Workforce Development, Office of Workforce Development is responsible for administering the Show Me Heroes program through existing programs. This rule identifies the existing programs that shall support Show Me Heroes and defines terms used in program administration.

(1) The Department of Higher Education and Workforce Development, Office of Workforce Development shall use funds allocated to support On the Job Training, as such term is defined in the Workforce Investment Act,

section 101(31), to do the following:

(A) Assist the spouse of an active duty national guard or reserve component service member reservist and active duty United States military personnel to address immediate needs and employment in an attempt to keep the family from falling into poverty while the primary income earner is on active duty, and during the one- (1-) year period following discharge from deployment; and (B) Assist returning national guard troops or reserve component service member reservists and recently separated United States military personnel with finding work in situations where an individual needs to rebuild business clientele or where an individual’s job has been eliminated while such individual was deployed, or where the individual otherwise cannot return to his or her previous employment.

(2) “Recently separated United States military personnel” means a person who served in the active military, naval, or air service for a minimum of four (4) months and who was discharged or released therefrom under conditions other than dishonorable, during the one- (1-) year period beginning on the date of such person’s discharge or release from active duty.

(3) “The division” means the Department of Higher Education and Workforce Development, Office of Workforce Development.

(4) “Local Program” means the entity designated by the local workforce investment region’s local plan to provide training services, as described in section 118 of the Workforce Investment Act.

(5) “Show Me Heroes Trainee” means a person who is eligible to receive on-the-job training through the Show Me Heroes program, as described in section 620.515, RSMo. 195-6.010. Original rule filed Dec. 4, 2012, 6.010, effective Aug. 28, 2019. Non-substantive change filed July 13, 2020, published Aug. 31, 2020.

6 CSR 300-6.020 Eligibility Requirements {#sec-6-csr-300-6.020 omnilex-key=us-mo-regs-official--title-6--6 CSR 300-6.020}

PURPOSE: This rule describes the eligibility requirements for Show Me Heroes Trainees and employers to receive assistance from the division under the Show Me Heroes program.

(1) A person shall meet the following requirements to be eligible for assistance from the division as a Show Me Heroes Trainee:

(A) The person is a dislocated worker who meets the eligibility requirements set forth in 20 CFR 663.310;

(B) The person is either— 1. The spouse of an active duty national guard or reserve component service member reservist or active duty United States military personnel; or 2. The person is a returning national guard troop or reserve component service member reservist or recently separated United States military personnel; and (C) The person is from a family that is experiencing the following:

1. The primary income earner was called to active duty in defense of the United States for a period of more than four (4) months;

2. The family’s primary income is no longer available;

3. The family is experiencing significant hardship due to financial burdens; and 4. The family has no outside resources available to assist with such hardships.

(2) Employers shall meet the following requirements to be eligible to provide occupational training to a Show Me Heroes Trainee:

(A) Any and all eligibility requirements set forth in 20 CFR 663.700, 663.260, and 663.268;

(B) If applicable, the employer shall have— 1. Recalled or attempted to recall all employees who entered active layoff from the employer within the past three hundred sixtyfive (365) days; and 2. Not given notice of layoff to any employees in the position for which the employer requests trainees or any substantially equivalent position;

(C) The employer shall have in place regulations that address employee safety and health;

(D) The employer shall be in compliance with section 285.530.1, RSMo; and (E) The employer shall be financially stable.

(3) Eligible employers may employ Show Me Heroes Trainees for positions that meet the following requirements:

(A) Low turnover rate;

(B) Non-seasonal employment;

(C) No history of layoff;

(D) Earns wages and benefits that are the same or substantially similar to the wages and benefits of trainees or employees who are employed in similar positions by the same employer and possess similar training, experience, and skills. Such wages and benefits shall be in accordance with applicable law and shall, in no event, fall below the minimum wage required by 29 USC 206(a)(1) and

section 290.502, RSMo;

(E) A full-time position, defined as a position for which the employee is scheduled to work thirty-two (32) or more hours each week;

(F) Not temporary or intermittent employment or employment in an occupation for a fee; and (G) Does not require the trainee to participate in sectarian instruction or religious worship.

(4) A Show Me Heroes Trainee is not eligible to receive training from his or her former employer unless such arrangement is approved in advance by the division. If such approval is granted, the following conditions apply:

(A) The training position must represent a promotion from the position that the Show Me Heroes Trainee previously held with the employer; and (B) The Show Me Heroes Trainee may not receive training for the position that he or she previously held with the employer. 195-6.020. Original rule filed Dec. 4, 2012, 6.020, effective Aug. 28, 2019.

6 CSR 300-6.030 Training Agreements ments for training agreements entered into under the Show Me Heroes program. {#sec-6-csr-300-6.030 omnilex-key=us-mo-regs-official--title-6--6 CSR 300-6.030}

(1) Employers that provide training services to a Show Me Heroes Trainee shall enter into an agreement with a Local Program and the trainee that provides occupational training in exchange for the reimbursement of up to fifty percent (50%) of the trainee’s wage rate to compensate for the employer’s extraordinary costs.

(2) Any agreement made under 4 CSR 195- 6.030(1) shall conform to the requirements set forth in 20 CFR 663.700 and 663.705, be approved by the division, and include the following:

(A) The occupation(s) for which training is to be provided and each occupation’s respective O*NET code;

(B) The amount of time required by a typical worker to learn the techniques and skills needed for average performance in the position for which training is to be provided. This information may be expressed in terms of the level of Specific Vocational Preparation (SVP) level required;

(C) The length of training shall not exceed twenty-six (26) weeks and shall correspond to the SVP level for the position for which training is required;

(D) The wage rate to be paid to the trainee;

(E) The percentage of reimbursement of trainee wages that the employer shall receive, which shall not exceed fifty percent (50%);

(F) A training outline that reflects the skills required for the position and addresses the gap in the trainee’s skills that the training opportunity will bridge;

(G) The employer’s agreement to maintain and make available to the Local Program time and attendance records, payroll, and other records to support any wages for which the employer seeks reimbursement under the training agreement;

(H) The employer’s assurance that it will provide equal opportunity in all services, without regard to race, sex, color, religion, national origin, disability, citizenship, or participation in program activities, in full compliance with section 188 of the Workforce Investment Act and with the equal opportunity and nondiscrimination regulations found in 29 CFR Part 37;

(I) The employer’s assurance that its drug testing policies are in full compliance with

section 181(f) of the Workforce Investment Act; and (J) The employer’s assurance that it is in full compliance with the requirements set forth in section 285.530, RSMo, and that, in accordance with that section, it will by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the training agreement.

(3) Prior to an employer’s entering into an agreement under 4 CSR 195-6.030(1), the Local Program shall provide an orientation to the employer that includes discussion of— (A) Training provisions, general assurances, training plans, including the attainment of skills, program monitoring, and invoicing procedures; and (B) The Local Program’s policies regarding employer disputes, nepotism, and contract modification requests. 195-6.030. Original rule filed Dec. 4, 2012, 6.030, effective Aug. 28, 2019.

6 CSR 300-6.040 Training Plans ments for training plans developed under section 620.515, RSMo. {#sec-6-csr-300-6.040 omnilex-key=us-mo-regs-official--title-6--6 CSR 300-6.040}

(1) Prior to commencement of training under the Show Me Heroes program, the employer shall develop a training plan that shall provide the Show Me Heroes Trainee with an orderly combination of instruction in work maturity skills, general employment competencies, and occupationally specific skills that will enable the trainee to work toward self-sufficiency.

(2) Any training plan developed pursuant to 4 CSR 195-6.040(1) shall be signed by the employer and the Show Me Heroes Trainee and shall include:

(A) The name and Toolbox applicant identification number or last four digits of the Social Security number of the Show Me Heroes Trainee;

(B) The occupation and corresponding O*NET code for the position the Show Me Heroes Trainee will hold;

(C) The starting and ending dates of training;

(D) The number of hours per week the Show Me Heroes Trainee is scheduled to work;

(E) The Show Me Heroes Trainee’s initial wage rate and any scheduled increases, if applicable;

(F) The percentage of the Show Me Heroes Trainee’s wages for which the division shall reimburse the employer;

(G) The maximum amount of wage reimbursements the employer may receive from the division for the Show Me Heroes Trainee;

(H) The name, job title, and contact information of the person responsible for supervising the Show Me Heroes Trainee;

(I) A job description and training outline that clearly describes what the Show Me Heroes Trainee will learn during the training; and (J) A list of specific skills or tasks the employer agrees to provide to the Show Me Heroes Trainee. 195-6.040. Original rule filed Dec. 4, 2012, 6.040, effective Aug. 28, 2019.

6 CSR 300-6.050 Invoicing, Monitoring, and Reporting ments for invoicing, monitoring, and reporting under the Show Me Heroes program. {#sec-6-csr-300-6.050 omnilex-key=us-mo-regs-official--title-6--6 CSR 300-6.050}

(1) Employers may be reimbursed for the extraordinary costs associated with training Show Me Heroes Trainees and in compensation for the costs associated with the lower productivity of those trainees. Employers are not required to document those costs, but must submit invoices documenting the number of hours that the Show Me Heroes Trainee worked each day and the rate of pay for the hours worked. Invoices must be signed by the employer and the Show Me Heroes Trainee, or only by the employer if accompanying documentation is signed by the trainee and accurately reconciled to the invoice. The employer must establish record-keeping and record retention procedures to assure that employer records support the submitted invoices.

(2) The Local Program shall monitor the employer’s training, invoice, and reimbursement systems and verify and document that the employer and Show Me Heroes Trainee are following the training plan established pursuant to 4 CSR 195-6.040.

(8/31/20) JOHN R. ASHCROFT

AND WORKFORCE DEVELOPMENT Division 300—Office of Workforce Development (3) An employer may become ineligible to train subsequent Show Me Heroes Trainees if it does not perform successfully. The Local Program shall monitor employer performance based upon the following criteria:

(A) Whether the employer has demonstrated a pattern of failing to retain Show Me Heroes Trainees upon completion of training;

(B) Whether the training received was adequate and complete;

(C) Whether the Show Me Heroes Trainee’s wages increased or decreased after training; and (D) Whether any Show Me Heroes Trainee filed a grievance against the employer regarding an event that occurred during the training period.

(4) The employer and the Local Program shall retain all records related to participation in the Show Me Heroes program, including, but not limited to, the Show Me Heroes Trainee’s wage and attendance records, for a minimum of five (5) years from the date of the employer’s most recent Show Me Heroes reimbursement. The employer and the Local Program shall make such records available to the division for examination at any reasonable time. 195-6.050. Original rule filed Dec. 4, 2012, 6.050, effective Aug. 28, 2019.